Ex parte RIEGER et al. - Page 3




          Appeal No. 1995-5117                                                        
          Application No. 08/067,154                                                  

          claims, taken from the appendix of the appellants’ brief, is                
          attached to this decision.                                                  
               The following references are relied upon by the examiner               
          in the rejections before us:                                                
          Weber et al.        5,122,295                Jun. 16, 1992                  
          (Weber)                  (PCT filed Oct. 17, 1989)                          

          Rieger et al.       5,286,411                Feb. 15, 1994                  
                                   (PCT filed Apr. 12, 1991)                          
               Claims 4, 5 and 12 are rejected under the judicially                   
          created doctrine of obviousness-type double patenting over                  
          claims 1 and 7 of the Rieger patent.                                        
               Claims 2, 3, 10, 13 through 16 and 18 through 20 are                   
          rejected under 35 U.S.C.  103 as being unpatentable over                   
          Weber.                                                                      
               The appellants have separately grouped the claims before               
          us in the manner indicated on page 3 of the brief, and we will              
          separately consider the appealed claims as separately grouped               
          by the appellants.  37 CFR  1.192(c)(5)(1993).                             
               We refer to the brief and reply brief and to the answer                
          for a complete exposition of the opposing viewpoints expressed              
          by the appellants and by the examiner concerning the above                  
          noted rejections.                                                           
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