Appeal No. 1999-0602
Application 08/469,393
Welker et al. (Welker), "A Superconductive H-Field Antenna System," Laboratory for
Physical Sciences, College Park, Maryland, (journal and publication date unknown), pages
2
183-187.
Claims 1-3, 6 and 8-14 stand rejected under the judicially created doctrine
obviousness-type double patenting as being unpatentable over claims 1-11 and 12-14 of
appellant’s prior patent 5,600,242, issued on February 4, 1997. Claim 15 stands rejected
under 35 U.S.C. §102(b) as being anticipated by or, in the alternative, under 35 U.S.C.
§103(a) as being unpatentable over Yokozawa. Finally, claims 12-14 stand rejected under
35 U.S.C. §103. Page 3 of the final rejection states this rejection as Yokozawa in view of
Fujimaki, Biedermann or Welker. It is noted, however, that the bottom of page 5 of the
answer states the rejection as claims 12-14 being obvious over Yokozawa in view of
Fujimaki, Biedermann and Welker. As will be indicated infra, we sustain this rejection
irrespective of whether each of the secondary references is considered in the alternative
with Yokozawa or all together with it.
2There appears to be no publication date available for this reference. Since
appellant makes reference to this document at pages 2 and 3 of the specification as filed,
it is apparent that appellant considers it prior art to him.
3
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