Ex parte FOSTER et al. - Page 3




          Appeal No. 1998-1298                                                        
          Application 08/544,962                                                      


               Claim 9 stands rejected under 35 U.S.C. § 103(a) as being              
          unpatentable over Goodman, Moser, Dreffein, or Abraham in view              
          of Foster ‘686, Klein, and Foster ‘678.                                     


               Claims 1, 2, 5, 6, 11, 13, and 14 stand rejected under                 
          the judicially created doctrine of obviousness-type double                  
          patenting as being unpatentable over claims of U.S. Patent No.              
          5,588,522 (Foster ‘522).                                                    


               The full text of the examiner’s rejections and response                
          to the argument presented by appellants appears in the answer               
          and the response to the Remand (Paper Nos. 16 and 27), while                
          the complete statement of appellants’ argument can be found in              
          the main and reply briefs (Paper Nos. 15 and 17).                           


                                       OPINION                                        


               In reaching our conclusion on the issues raised in this                
          appeal, this panel of the board has carefully considered                    




                                          3                                           





Page:  Previous  1  2  3  4  5  6  7  8  9  10  11  12  13  Next 

Last modified: November 3, 2007