Appeal No. 1997-3056
Application No. 08/377,966
in the Manual of Patent Examining Procedure (MPEP) especially the
guidelines set forth in MPEP section 804. It is similarly
appropriate to emphasize that the record of this appeal reveals
no support for an obviousness-type double patenting rejection
of pending dependent claim 2. This claim is directed to the
Appellant’s filter module embodiment which is shown in Figure 2 of
the application drawing and which includes a filter module of the
type shown in the MiniKap brochure (according to the disclosure on
pages 4 and 5 of the subject specification). As previously
indicated, no proper basis exists for the Examiner’s above
discussed conclusion that it would have been obvious to somehow
combine the apparatus of the patent claims with the filter module
of the MiniKap brochure to thereby obtain an apparatus of the type
defined by appealed claim 2.
1111
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