Appeal No. 1997-1536
Application 08/342,817
U.S.C. § 103 as being unpatentable from the disclosure of
Hayden considered with Bearden is reversed. The examiner's
decision rejecting claims 10 and 11 under 35 U.S.C. § 102(b)
as anticipated by or, in the alternative, under 35 U.S.C. §
103 as being obvious over Marten is affirmed. The examiner's
decision rejecting claims 1 through 11 under the judicially
created doctrine of obviousness-type double patenting over
claims 1 through 14 of Hayden considered with Bearden is
reversed. The examiner's decision rejecting claims 10 and 11
under the judicially created doctrine of obviousness-type
double patenting over claims 1 through 4 Matviya is affirmed.
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