Ex parte LEMELSON - Page 13




                     Appeal No. 2000-2232                                                                                                                                              
                     Application 08/483,928                                                                                                                                            


                     patenting over claims 1-19 of Lemelson '668 in view of                                                                                                            
                     Lemelson '563.                                                                                                                                                    
                                Appellant's arguments  in regard to this rejection are17                                                                                                        
                     substantially the same as those presented by Appellant for the                                                                                                    
                     rejection of claims 21-37 under the judicially created                                                                                                            
                     doctrine of obviousness-type double patenting over claims 1-22                                                                                                    
                     of Lemelson '101 in view of Lemelson '563.  These arguments                                                                                                       
                     have been discussed in section "A" above.                                                                                                                         
                                Similarly, the Examiner's arguments  in regard to this                     18                                                                          
                     rejection are substantially the same as those presented by the                                                                                                    
                     Examiner for the rejection of claims 21-37 under the                                                                                                              
                     judicially created doctrine of obviousness-type double                                                                                                            
                     patenting over claims 1-22 of Lemelson '101 in view of                                                                                                            
                     Lemelson '563.  These arguments have been discussed in section                                                                                                    
                     "A" above.                                                                                                                                                        
                                As claims 1-19 of the '668 patent do not teach the hand-                                                                                               
                     held box-like housing which supports the printer as set forth                                                                                                     
                     in all of the independent claims, our reasoning and findings                                                                                                      


                                17 Brief, pages 25-26.                                                                                                                                 
                                18Answer, pages 25-26.                                                                                                                                 
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