Appeal No. 1997-2112 Application No. 08/398,831 the method or apparatus goes about achieving the results of breaking the problems into smaller parts and generating a verification test sequence (Claims 14, 27, and 32) or testing conformance of a machine under test (Claim 34). The examiner’s opinions in the remainder of the Answer have also been considered, but do not remedy the deficiencies in the rejection with regard to the underlying facts necessary to support a case of prima facie obviousness of at least independent Claims 14, 27, 32, and 34. The rejection of those claims, and the rejection of the depending claims, is therefore not sustained. The double patenting rejection The examiner has provisionally rejected all claims under 35 U.S.C. § 101 as claiming the same invention as “claims 1-30 of co-pending application Serial No. 08/399020.” (Answer, page 3.) No claim-to-claim comparison is set forth. The offered analysis consists of the statement that “[t]he claims - 7 -Page: Previous 1 2 3 4 5 6 7 8 9 10 11 NextLast modified: November 3, 2007