Ex parte WALKER - Page 12

          Appeal No. 1999-1042                                      Page 12           
          Application No. 08/781,220                                                  

          defined in patent claim 1, which requires a plurality of                    
          support surfaces (panels) at least two of which support medical             
          gas supply assemblies, and which does not recite any details                
          concerning orientation of the support surfaces, the height of               
          the gas support assemblies or the width of the panels as                    
          compared to the width of the gas outlet assemblies.  Moreover,              
          patent claim 1 sets forth structure that is not present in                  
          application claim 1, such as angled medical gas outlet panels               
          having first and second angled planar outlet support surfaces               
          and gas outlets supported by each of the angled panels.                     
               Insofar as Schneller is concerned, this case does not, as              
          it appears the examiner would have us believe, stand for the                
          proposition that simply because the subject matter recited in               
          the claims on appeal was disclosed in the application from                  
          which the patent matured and the events which gave rise to the              
          situation were the result of the appellant’s doing, double                  
          patenting would result if the application claims were allowed               
          to issue.  The ruling in Schneller that double patenting                    
          existed was based upon a factual situation which is not present             
          here, from which the court found the inventions not to be                   

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