Appeal No. 1995-3702
Application 07/787,690
This is a decision on rehearing of our original decision
in this appeal dated November 22, 1999, listed as Paper No. 43
in the file. On December 22, 1999, appellants filed a request
for reconsideration of our earlier decision. We consider this
request for reconsideration as a request for rehearing within
37 CFR
§ 1.197.
Without belaboring the point, our earlier decision
reversed the rejection of certain claims under the first
paragraph of
35 U.S.C. § 112 as well as different rejections of various
claims under 35 U.S.C. § 103. We did, however, sustain a
rejection of claims 1 through 92 and 119 through 154, which
amounted to all claims on appeal, under the judicially created
doctrine of obviousness-type double patenting as being
unpatentable over claims 8, 9, 10, 18, 20 and 21 of
appellants' prior U.S. Patent No. 5,113,262 to Strolle. Page
4 of our original opinion indicated that in accordance with
the statements made in the various briefs, appellants did not
contest the rejection. We also noted there that appellants
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