Ex Parte KAGEYAMA et al - Page 3



                    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."                                                                                                                                
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