Appeal No. 1998-0088
Application 08/622,327
(g) claims 7, 8, 10, 11, 15, and 16 for obviousness-type double
patenting in view of claims 1 and 2 of Patent 5,369,297.
On January 2, 1997, appellants filed an amendment after final4
pursuant to 37 CFR § 1.116 and on January 9, 1997, filed a terminal
disclaimer5 to obviate the double patenting rejection.
In an Advisory Action mailed January 27, 1997, the examiner
indicated that the amendment after final would be entered upon the
filing of an appeal and would be effective to overcome the rejection
of claims 10 and 11 on reference grounds and the rejections of claims
8, 10, and 11 on non-reference grounds.
In the Answer (at 1) the examiner, citing the persuasiveness of
appellants' arguments at pages 12-17 of the Brief concerning the §
103 rejection of claims 1 and 3 based on Kusunoki and the § 103
rejection of claims 1, 3, and 4 based on Kusunoki in view of Shinada,
the examiner withdrew the rejections of claims 1, 3, and 4. Also,
citing the persuasiveness of some of the arguments at pages 17-19 of
the Brief, wherein appellants discussed the § 103 rejection of claims
7, 8, 15, and 16 based on Yamauchi in view of Fujii, the examiner
4 Paper No. 20.
5 Paper No. 19.
3
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