Appeal No. 1996-3326
Application No. 08/063,067
not reach the issue of the sufficiency of the declaration
evidence (see the Stuehr and Gross Declarations under 37 CFR §
1.132 dated Nov. 15, 1993, attached to Paper No. 22). In re
Geiger, 815 F.2d 686, 688, 2 USPQ2d 1276, 1278 (Fed. Cir.
1987). Accordingly, the rejection of claims 1 through 12
under 35 U.S.C. § 103 is reversed.
The decision of the examiner is reversed.
OTHER ISSUES
Upon the return of this application to the jurisdiction
of the examiner, the examiner and applicant should consider
the patentability of the claims under the judicially created
doctrine of obviousness-type double patenting in light of
recently issued patents to applicant (see at least U.S.
Patents 5,502,050; 5,874,433; 5,877,176; and especially claims
7 and 9 of U.S. Patent No. 5,880,124).
REVERSED
7
Page: Previous 1 2 3 4 5 6 7 8 9 10 11 Next
Last modified: November 3, 2007