Ex parte WALKER - Page 10

                 Appeal No. 1999-1042                                                                                    Page 10                        
                 Application No. 08/781,220                                                                                                             

                          The appellant’s U.S. Patent No. 5,644,876, upon which the                                                                     
                 double patenting rejection is based, resulted from application                                                                         
                 Serial Number 08/297,193, filed on August 26, 1994 (hereinafter                                                                        
                 “the patent”).  This application disclosed two embodiments of                                                                          
                 the appellant’s invention.  The first embodiment (Figures 1-5)                                                                         
                 discloses a four-sided column and maximizes the number of gas                                                                          
                 outlets that can be installed at a specified height on the                                                                             
                 column by providing a pair of angled outlet support surfaces on                                                                        
                 each side panel which are adjacent to one another in                                                                                   
                 intersecting planes.  The second embodiment (Figures 6-9)2                                                                             
                 accomplishes a similar objective by utilizing a five-sided                                                                             
                 column in which the width of each side panel is only slightly                                                                          
                 wider than that of the gas assembly mounted thereon.  The                                                                              
                 appellant prosecuted to issuance only claims directed                                                                                  
                 specifically to the first embodiment.  The present application                                                                         
                 was filed on January 10, 1997 as a Rule 60 continuation of the                                                                         
                 first and presented, after entry of a preliminary amendment,                                                                           
                 claims directed to the second embodiment.                                                                                              

                          2While described in the specification as illustrating the                                                                     
                 five-sided embodiment of the invention, it appears to us that                                                                          
                 Figure 6 shows a four-sided column.  However, a five-sided                                                                             
                 column clearly is shown in Figures 7-9.                                                                                                

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