Ex parte BRIERLEY et al. - Page 17




              Appeal No. 1998-1855                                                                     17                
              Application No. 08/459,537                                                                                 

              paragraph, as being indefinite for failing to particularly point out and distinctly claim the              

              subject matter which appellants regard as the invention  is reversed.                                      

              The rejection of claims 1 through 3, 6 through 17, and 27 through 52 under 35                              

              U.S.C. § 103 as being unpatentable over Hackl taken with Krebs-Yuill is reversed.                          

              The rejection of claims 4 and 5 under 35 U.S.C. § 103 as being unpatentable                                

              over Hackl taken with Krebs-Yuill and further in view of Gross is reversed.                                

              The rejection of claims 1 through 17 and 27 through 52 under the judicially                                

              created doctrine of obviousness-type double patenting as being unpatentable over claims                    

              1 through 19 of U. S. Patent No. 5,127,942 (Brierley ‘942) in view of Clough and                           

              Gross is reversed.                                                                                         

              The rejection of claims 1 through 17 and 27 through 52 under the judicially                                

              created doctrine of obviousness-type double patenting as being unpatentable over claims                    

              1 through 29 of U. S. Patent No. 5,332,559 (Brierley ‘559) is reversed.                                    

              The rejection of claims 1 through 17 and 27 through 52 under the judicially                                

              created doctrine of obviousness-type double patenting as being unpatentable over claims                    

              1 through 37 of U. S. Patent No. 5,246,486 (Brierley ‘486) is affirmed.                                    

                                                                                                                        












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