Appeal No. 1999-0406
Application 08/484,019
1995
The items relied by the appellant in arguing the appealed
rejections are:
The 37 CFR § 1.132 Declaration of Max Friedheim
filed July 1, 1996 (Paper No. 5).
The 37 CFR § 1.132 Declaration of Max Friedheim
filed February 28, 1997 (Paper No. 8).
The 37 CFR § 1.132 Declaration of Edward Bronzie
filed October 22, 1997 (Paper No. 11).
Claims 1, 2, 4, 11, 14 through 16, 25, 28 through 31 and
41 stand rejected under 35 U.S.C. § 102(b) as being
anticipated by Friedheim ‘037.
Claims 3, 5, 12, 17, 18, 26, 27, 32, 33, 40 and 42 stand
rejected under 35 U.S.C. § 103(a) as being unpatentable over
Friedheim ‘037.
Claims 1 through 10, 13, 19 through 24 and 34 through 39
stand rejected under the judicially created doctrine of
obviousness-type double patenting as being unpatentable over
claims 1 through 5 and 37 through 40 of the Friedheim ‘556
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