Appeal No. 00-0910
Application No. 08/821,176
patent are both related to and based upon provisional
application No. 60/003,934, filed September 15, 1995.
The sole reference relied upon by the examiner in the
final rejection is:
Scharboneau et al. (Scharboneau) 5,692,770 Dec. 2,
1997
(filing date Oct. 24,
1995)
Claims 1-11 stand rejected under 35 U.S.C. § 102(e) as
being anticipated by Scharboneau.
Claims 1-11 stand further rejected under the judicially
created doctrine of double patenting over the claims of
Scharboneau “since the [appealed] claims, if allowed, would
improperly extend the ‘right to exclude’ already granted in
the patent” (answer, page 3).
Reference is made to appellants’ main, supplemental and
reply briefs (Paper Nos. 11, 17 and 22) and to the examiner’s
answer (Paper No. 20) for the respective positions of
appellants and the examiner regarding the merits of these
rejections.
The Double Patenting Rejection
3
Page: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 Next
Last modified: November 3, 2007