Appeal No. 2000-1665
Application 08/752,529
35 on appeal would not have been obvious to the person of
ordinary skill in the art within the meaning of 35 U.S.C. 103.
The evidence of nonobviousness taken as a whole, in our view,
clearly outweighs the evidence of obviousness relied upon by
the examiner.
In summary:
The examiner's rejection of claims 1, 2, 4 through 8, 12
through 17, 19 through 32 and 35 under 35 U.S.C. § 103(a) as
being unpatentable over Thalenfeld in view of Petrou is not
sustained.
As for the double patenting rejections, we REMAND this
application back to the examiner to reconsider the provisional
nature of the obviousness-type double patenting rejections now
that the application (08/940,859) relied upon in those
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