Appeal No. 98-1563 Page 5 Application No. 08/469,198 brief (Paper No. 18, filed June 9, 1997) and reply brief (Paper No. 20, filed November 12, 1997) for the appellants' arguments thereagainst. OPINION In reaching our decision in this appeal, we have given careful consideration to the appellants' specification and claims, to the applied prior art references, and to the respective positions articulated by the appellants and the examiner. As a consequence of our review, we make the determinations which follow. The double patenting rejection We will not sustain the rejection of claims 39 and 52 under the judicially created doctrine of double patenting over claims 1-21 of Yokota. In this rejection of claims 39 and 52, the examiner stated (answer, pp. 5-6) thatPage: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 NextLast modified: November 3, 2007