Appeal No. 2001-2353 Application No. 09/411,370 co-pending application No. 09/411,369, filed October 4, 1999.1 Claim 1 stands provisionally rejected under the judicially created doctrine of obviousness-type double patenting as being unpatentable over claims 1-3 of appellants' co-pending application No. 09/411,369.2 Claims 2 and 3 stand rejected under 35 U.S.C. § 112, second paragraph, as being indefinite for failing to particularly point out and distinctly claim the subject matter which appellants regard as the invention. Claims 1 and 2 stand rejected under 35 U.S.C. § 103 as being unpatentable over Kageyama. Claims 1, 3 and 4 stand rejected under 35 U.S.C. § 103 as being unpatentable over Torii. 1 Appeal No. 2001-2361 in appellants’ co-pending application No. 09/411,369 is being decided concurrently herewith. 2 As indicated on page 4 of the examiner's answer, the provisional double patenting rejection of claims 2 through 4 "has been vacated in light of applicant's [sic] remarks in the Brief on Appeal, pp. 11-13." 33Page: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 NextLast modified: November 3, 2007