Ex parte AYERS et al. - Page 5

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

          under the judicially created doctrine obviousness-double                    
          patenting, we sustain this rejection as to claims 1 through 4,              
          16, 17 and 21.  Pages 1 through 5 of the principal brief on                 
          appeal indicate that appellants have conceded the                           
          unpatentability of claims 1 through 4 and 21.  Appellants                   
          attempt to exclude in the reply brief independent claim 21                  
          from this initial concession in the principal brief on appeal               
          since the subject matter urged at pages 1 and 3 of the reply                
          brief concerning the recitation of the "light absorbing                     
          shield" of claim 21 excludes it from this rejection. As noted               
          by the examiner in the answer, the subject matter of claim 21               
          includes the features of claims 1, 3 and 4.  Since appellants               
          have never waivered from their view that patentability of                   
          these claims has been conceded in the brief and reply brief,                
          the rejection is sustained as to claim 21 as well.                          
               With respect to the other claims, claims 5 through 20, we              
          make the following findings.  The claims of U.S. Patent                     
          5,442,338 recite in part "an image strip carrier having a                   
          series of images."  To ascertain the meaningfulness of this                 
          recitation, we turn to the specification of that patent for                 
          enlightenment.  At the outset, however, we note that while the              

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