Appeal No. 98-2812
Application 08/473,054
canceled.
Appellants’ invention relates to an absorbent article. Independent claims 1 and 12 are
representative of the subject matter on appeal and a copy of those claims may be found in Appendix A
of appellants’ brief.
The prior art references of record relied upon by the examiner in rejecting the appealed claims
are:
Zehner et al. (Zehner ‘453) 5,366,453 Nov. 22, 1994
Robinson 2,209,672 May 24, 1989
(British)
In making an obviousness-type double patenting rejection of the appealed claims, the examiner
has additionally relied upon co-pending patent application SN 08/475309, filed June 7, 1995.
Claims 1, 2, 4 and 6 through 19 stand provisionally rejected under the judicially created
doctrine of obviousness-type double patenting as being unpatentable over claims 1-22 of the co-
pending patent application SN 08/475309.2
2Given that co-pending patent application SN 08/475309 was issued as U.S. Patent No.
5769835 on June 23, 1998, it appears that this rejection is no longer a “provisional” double patenting
2
Page: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 14 Next
Last modified: November 3, 2007