Appeal No. 1997-4068
Application No. 08/296,219
Asano et al. (Asano) 4,853,682 Aug. 01,
1989
Glynn 5,181,181 Jan. 19,
1993
Claims 3-5 and 8 are provisionally rejected under the
doctrine of obviousness-type double patenting as being
unpatentable over claim 2 of copending application Serial No.
08/451,803 in view of Glynn.
Claims 6 and 7 are provisionally rejected under the
doctrine of obviousness-type double patenting as being
unpatentable over claim 2 of copending application Serial No.
08/451,803 in view of Glynn and McLaughlin.
Claims 3-5 and 8 are rejected under 35 U.S.C. § 103 as
being unpatentable over Glynn in view of Asano.
Claims 6 and 7 are rejected under 35 U.S.C. § 103 as
being unpatentable over Glynn in view of Asano as applied to
claims 3-5 and 8, further in view of McLaughlin.
The respective positions of the examiner and the
appellants with regard to the propriety of these rejections
are set forth in the final rejection (Paper No. 6) and the
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