Appeal No. 2001-0905
Application No. 09/163,412
as being unpatentable over claims 16 through 23 and 25 through 34
of copending Application No. 09/107,025.
The examiner states on page 2 of the Answer that the
rejection of claims 16 through 25 under the judicially created
doctrine of double patenting over claims 1 through 16 of U.S.
Patent No. 5,819,184 and the provisional rejection of claims 16
through 25 under the judicially created doctrine of double
patenting over claims of copending Application Nos. 08/487,043,
08/766,223, 09/151,580, 09/163,410, or 09/107,025 have been
withdrawn. Accordingly, these rejections are not before us.
Reference is made to the Examiner's Answer (Paper No. 14,
mailed September 7, 2000) for the examiner's complete reasoning
in support of the rejection, and to appellant's Brief (Paper No.
12, filed August 14, 2000) for appellant's arguments
thereagainst.
OPINION
As a preliminary matter, we note that appellant indicates on
page 4 of the Brief that "each of the independent claims stands
or falls independently of any other independent claim," and the
dependent claims stand or fall with the independent claims from
which they depend. However, appellant argues independent claims
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