Appeal No. 1997-1676
Application No. 08/255,010
invention. Accordingly, we are also constrained to agree with
appellant that the examiner has not established a prima facie
case of obviousness under 35 U.S.C. § 103 over the Manning
disclosure or unpatentability under the judicially created
doctrine of obviousness-type double patenting over the claims
of Application 08/342,636 in view of Manning.
6
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