Appeal No. 2001-2361
Application No. 09/411,369
The prior art references of record relied upon by the
examiner in rejecting the appealed claims are:
Torii 4,106,874 Aug. 15, 1978
Swiss Patent CH 274,2691 Jun. 16, 1951
In making a provisional obviousness-type double patenting
rejection of claims 1 through 3 in the final rejection (Paper No.
7), the examiner has additionally relied upon appellants'
co-pending application No. 09/411,370, filed October 4, 1999.2
Claims 1 and 2 stand provisionally rejected under the
judicially created doctrine of obviousness-type double patenting
as being unpatentable over claims 1-4 of appellants' co-pending
application No. 09/411,370.3
1 Our understanding of this foreign language document is
derived from a translation made by the USPTO. A copy of that
translation accompanies this decision.
2 Appeal No. 2001-2353 in appellants' co-pending application
No. 09/411,370 is being decided concurrently herewith.
3 As indicated on page 2 of the examiner's answer, the
provisional double patenting rejection of claim 3 is "vacated
upon consideration of applicant's [sic] remarks."
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