Appeal No. 1999-1042 Page 3
Application No. 08/781,220
Claims 14-18 also stand rejected under the judicially
created doctrine of double patenting over claims 1-8 of U.S.
Patent No. 5,644,876.
Rather than attempt to reiterate the examiner’s full
commentary with regard to the above-noted rejection and the
conflicting viewpoints advanced by the examiner and the
appellant regarding the rejections, we make reference to the
Examiner’s Answers (Papers No. 9 and 11) and the Appellant’s
Briefs (Papers No. 8 and 10).
OPINION
Background
The appellant’s invention is directed to a modular unit
for supplying medical gas services in health care facilities
such as hospitals. According to the appellant, prior art
modular units very often are obstacles at the bedside of a
patient, interfering with patient care in that they get in the
way of the multiple medical practitioners who are attempting to
administer to the patient. The appellant’s invention overcomes
these problems by providing a modular medical gas services unit
in the form of a narrow tower or column which is accessible
from all sides, occupies little space, and provides the
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