Appeal No. 2001-1712
Application No. 09/456,968
recited in representative claim 30, the sole independent claim
on appeal, reproduced below:
30. A cleaning implement comprising:
a. a handle; and
b. a removable cleaning pad comprising:
i. a scrubbing layer;
ii. an absorbent layer in direct fluid
communication with the scrubbing
layer, wherein the absorbent layer
comprises a superabsorbent
material; and
iii. an attachment layer for releasably
attaching the cleaning pad to the
handle.
The examiner relies on the following documents as evidence
of unpatentability:
Newell 4,995,133 Feb. 26, 1991
Nichols 5,609,255 Mar. 11, 1997
Holt et al. 6,048,123 Apr. 11, 2000
(Holt) (filed Nov. 26, 1996)
Kresse et al. DE 43 00 920 A1 Jul. 21, 1994
(Kresse)(published
German appln.)
Claims 30 through 40 on appeal stand rejected under the
judicially created doctrine of non-statutory double patenting
over claims 1 through 32 of the Holt patent.1 (Examiner’s answer
of Jan. 11, 2001, paper 11, page 3.) Further, claims 30 through
1 The Holt patent issued from application 08/756,999 filed
Nov. 26, 1996, which formed the basis for the provisional double
patenting rejection as set forth in the final Office action
(paper 3) at p. 3.
2
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