Appeal No. 1996-2734 Page 4
Application No. 08/133,680
Claims 15-19 stand rejected under 35 U.S.C. § 103 as
being unpatentable over Schwartzkopf in view of Bhatt. Claims
15-19
stand rejected under the judicially created doctrine of
obviousness-type double patenting over claims 1-3, 5, 6, 8,
10, 11, 13 and 15 of Schwartzkopf (U.S. Patent No. 5,308,745)
considered in view of Bhatt.
OPINION
We have given careful consideration to the evidence of
record and to the respective positions articulated by
appellants and the examiner. In so doing, we find ourselves
in agreement with the examiner’s conclusion that the applied
references establishes the obviousness, within the meaning of
35 U.S.C.
§ 103, of the claimed subject matter. Accordingly, we will
sustain the examiner’s § 103 rejection. Likewise, we shall
sustain the examiner’s separate obviousness-type double
patenting rejection. We add the following primarily for
emphasis.
We start with the examiner’s § 103 rejection of the
appealed claims over Schwartzkopf in view of Bhatt. At the
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