Ex parte MATSON - Page 3




                 Appeal No. 1996-2240                                                                                                                   
                 Application No. 08/105,482                                                                                                             


                          I.  Claims 1 through 32 under 35 U.S.C. § 112, first paragraph, as based on a                                                 
                 specification which does not provide adequate written descriptive support for the claimed                                              
                 invention and does not enable any person skilled in the art to make and use the claimed                                                
                 invention.                                                                                                                             
                          II.  Claims 1 through 32 under 35 U.S.C. § 112, second paragraph, as indefinite.                                              
                          III.  Claims 1 through 32 under 35 U.S.C. § 103 as unpatentable over Miyagi, Long                                             
                 and the admitted state of the prior art.                                                                                               
                          IV.  Claims 1 through 32 under 35 U.S.C. § 103 as unpatentable over Matson 1987                                               
                 and Seltzer.                                                                                                                           
                          V.  Claims 1 through 20 under the judicially established doctrine of obviousness-                                             
                 type double patenting (provisional) as unpatentable over claims 1 through 20 of co-                                                    
                 pending application serial no. 08/092,543.                                                                                             
                          VI.  Claims 1, 2, 10, 21 through 23 and 27 under the judicially established doctrine                                          
                 of obviousness-type double patenting as unpatentable over claims 1 through 4 of U.S.                                                   
                 Patent No. 4,863,873.                                                                                                                  
                          VII.  Claims 1 through 5, 7 through 10, 21 through 23 and 27 under the judicially                                             
                 established doctrine of obviousness-type double patenting as unpatentable over claims 1,                                               
                 4 through 8, 10, 12 through 16, 18, 19, 22 and 23 of U.S. Patent No. 5,104,639.                                                        




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