Ex parte AYERS et al. - Page 7

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

          In re Avery, the noted language of the claims reciting a cover              
          having window opening is only corresponding to the showing of               
          the cover 19 with the window opening 20 in the showings in the              
          Figures 6 and 7 embodiments.  The language is not otherwise                 
          used to describe the cover 6 and the screen 7 attached thereto              
          describing the embodiment shown in Figure 1.  Therefore, the                
          subject matter of the cover having a window opening does not                
          appear, when viewed in light of the specification of the                    
          original patent, to read upon the showing of the cover 6 and                
          the screen 7 of the Figure 1 embodiment in such a manner as to              
          have rendered obvious within the doctrine the claimed light                 
          sheet of claim 5 on appeal.                                                 
               As to the other claims, claims 6 through 15 and 18                     
          through 20, we agree generally with appellants' views that the              
          subject matter in these claims relates to subject matter first              
          included in this CIP application which was not present in the               
          parent application U.S. Patent 5,442,338.  As to the rejection              
          of claims 1 through 21 under the judicially created doctrine                
          of obviousness-double patenting, we sustain this rejection                  
          only as to claims 1 through 4, 16, 17 and 21 and reverse the                
          rejection as to claims 5 through 15 and 18 through 20.                      

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