Ex parte AYERS et al. - Page 4




          Appeal No. 1998-2606                                                        
          Application 08/446,415                                                      


               Claims 1 through 21 stand rejected under the judicially                
          created doctrine of obviousness-type double patenting over                  
          claims 1 through 18 of U.S. Patent 5,442,338 of which this                  
          application is a continuation-in-part.  Claims 1 through 12                 
          and 14 through 21 also stand rejected under 35 U.S.C.  103.                
          As evidence of obviousness, the examiner relies upon Long in                
          view                                                                        
          of Fales as to claims 1 through 3, 8, 14 through 16 and 18                  
          through 21 as the basic rejection.  To this basic combination               
          of references, the examiner adds Ehle's publication as to                   
          claim 4; Whittlesey as to claims 5 through 7 and 17; Ikeda as               
          to claim 9 and Watkins as to claims 10 through 12.  As                      
          indicated at the bottom page 11 of the answer, the examiner                 
          has only objected to                                                        
          claim 13 as being dependent upon a rejected base claim and has              
          not rejected this claim under 35 U.S.C.  103.                              
               Rather than repeat the positions of the appellants and                 
          the examiner, reference is made to the briefs and the answers               
          for the respective details thereof.                                         
                                       OPINION                                        
               Turning first to the rejection of claims 1 through 21                  
                                          4                                           





Page:  Previous  1  2  3  4  5  6  7  8  9  10  11  12  13  14  15  Next 

Last modified: November 3, 2007