Appeal No. 1997-1281
Application No. 08/317,830
1) Claims 1, 2, 20, 28 through 35, 38 through 39, 41, 42, 47,
50 through 53, 56, 57, 59, 60 and 65 through 74 under the
judicially created doctrine of obviousness-type double patenting
as unpatentable over the claims of Hodak ‘226, Hodak ‘152 and
Edwards ‘242;
2) Claims 1, 2, 20, 32 through 35, 38, 39, 41, 42, 47, 50
through 53, 56, 57, 59, 60, 65 and 69 through 73 under 35 U.S.C.
§ 103 as unpatentable over the disclosure of Taruzaki;
3) Claims 65 through 71 under 35 U.S.C. § 103 as unpatentable
over the combined disclosures of Taruzaki, Kaufmann, and Albert;
4) Claims 28 through 31 under 35 U.S.C. § 103 as unpatentable
over the combined disclosures of Taruzaki and Edwards ‘587;
5) Claims 1, 2, 32 through 35, 38, 39, 41, 42 and 72 through 74
under 35 U.S.C. § 102(b) as anticipated by or, in the
alternative, under 35 U.S.C. § 103 as obvious over the disclosure
of Loder; and
6) Claims 1, 2, 32 through 35, 38, 39, 41, 42 and 72 through 74
under 35 U.S.C. § 103 as unpatentable over the disclosure of
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