Ex parte TSAI - Page 4




                 Appeal No. 1996-2350                                                                                                                   
                 Application 07/843,833                                                                                                                 



                 Singh, The Bleaching of Pulp, pages 578-580,  Tappi Press,                     1                                                       
                 Atlanta, 1979.                                                                                                                         
                                   The examiner additionally relies on the following                                                                    
                 listed patent in a rejection based on the judicially created                                                                           
                 doctrine of obviousness-type double patenting:                                                                                         




                 Tsai (Tsai '201)             2                        5,389,201                                    Feb. 14,                            
                 1995                                                                                                                                   


                                   Claims 1-6 stand rejected under 35 U.S.C. § 103 as                                                                   
                 being unpatentable over Tsai '124 in view of Singh, Phillips                                                                           
                 and Schwarzl.  Claims 1-6 stand rejected under the judicially                                                                          



                          1Pages 578-580 were the only pages of the Singh reference                                                                     
                 found of record.  The examiner specifically refers to page 579                                                                         
                 of Singh in the stated rejection under review (answer, page                                                                            
                 4).  Accordingly, our consideration of the § 103 rejection                                                                             
                 utilizing the Singh reference as part of the evidence of                                                                               
                 obviousness is limited to the above-noted pages 578-580 of                                                                             
                 Singh in combination with the other evidence relied upon by                                                                            
                 the examiner.                                                                                                                          
                          2We note that the examiner does not separately list this                                                                      
                 patent on a Notice of References Cited (Form PTO-892) of                                                                               
                 record.                                                                                                                                
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