Appeal No. 99-0184 Page 4
Application No. 08/567,510
examiner's complete reasoning in support of the rejections,
and to the appellant's brief (Paper No. 13, filed November 25,
1997) and reply brief (Paper No. 15, filed April 7, 1998) for
the appellant's arguments thereagainst.
OPINION
In reaching our decision in this appeal, we have given
careful consideration to the respective positions articulated
by the appellant and the examiner. As a consequence of our
review, we will not sustain the examiner's rejection of claims
9 through 15 under 35 U.S.C. § 251 for the following reasons.
Claim 15
We will not sustain the rejection of claim 15 under
35 U.S.C. § 251.
The issue presented by the examiner and the appellant is
whether the "divisional doctrine" is applicable in this
application. We agree with the appellant's arguments (brief,
pp. 10-14, reply brief, pp. 8-12) that the "divisional
doctrine" is not applicable in this application. The
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