Appeal No. 1998-0566
Application No. 08/396,005
to a badge. The claims on appeal have been reproduced in an
appendix to the Brief.
THE REFERENCES
The references relied upon by the examiner to support the
final rejection are:
Rader et al. (Rader) 5,283,966 Feb. 8,
1994
Kanzelberger 5,305,538 Apr. 26,
1994
Fan 5,406,726 Apr. 18,
1995
(filed Jun. 24, 1994)
Smith 5,410,827 May 2,
1995
(filed Jan. 28, 1993)
THE REJECTIONS2
Claims 1 and 4 stand rejected under 35 U.S.C. § 102(e) as
being anticipated by Kanzelberger.
Claims 2 and 3 stand rejected under 35 U.S.C. § 103 as
being unpatentable over Kanzelberger.
2In response to five rejections under the judicially
created doctrine of obviousness-type double patenting based
upon Kanzelberger U.S. Patent No. 5,305,538, entered by the
examiner in Paper No. 14, the appellant filed a terminal
disclaimer (Paper No. 16). In view of the examiner’s comments
(Paper No. 17), we consider these rejections to have been
withdrawn, leaving before us only the rejections under
Sections 102 and 103.
2
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