Appeal No. 2001-0008
Application 09/298,572
In the Examiner's Answer (Paper No. 13), the
examiner withdrew Great Britain Patent No. 1,542,709 from the
obviousness-type double patenting and 35 U.S.C. § 103
rejections on the basis that it did not further add to the
teachings of Cotting. In addition, since the close of the
briefing period, copending Application No. 09/016,619 issued
as U.S. Patent No. 6,265,487 on July 24, 2001, thereby
converting the provisional obviousness-type double patenting
rejection to an actual rejection. Thus, the claims currently
stand rejected as follows:
1. Claims 1-3 and 6 are rejected under the
judicially created doctrine of obviousness-type double
patenting as being unpatentable over claims 1-5 of U.S. Patent
No. 6,265,487 in view of Cotting; and
2. Claims 1-3, 5 and 6 stand rejected under 35
U.S.C. § 103(a) as unpatentable over Mizumura and the Japanese
patent in view of Cotting.
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