Appeal No. 2001-2395 Page 7
Application No. 09/433,198
light of U.S. Patent No. 6,056,947 ('947) issued May 2, 2002 to Kahre et al. In
particular, we invite attention to claim 2 of the '947 patent where "component (a) is
selected from the group consisting of amphoteric and zwitterionic polymers" (emphasis
added). It would appear that the claims of U.S. Patent No. 6,056,947 (1) bear close
relationship to claims 13 through 19 in this application; and (2) may provide basis for an
obviousness-type double patenting rejection of claims 13 through 19 in this application.
We think it best that the examiner address this issue in the first instance. If, on
reflection, the examiner believes that an obviousness-type double patenting rejection of
claims 13 through 19 is appropriate, the examiner should issue an Office action setting
forth such rejection and giving applicants an opportunity to respond. A copy of U.S.
Patent No. 6,056,947 is enclosed with this opinion.
Conclusion
In conclusion, for the reasons set forth in the body of this opinion, we do not
sustain the examiner's rejections of claims 13 through 19 under 35 U.S.C. § 102(b) or
35 U.S.C. § 103(a). On return of this application to the examining corps, we
recommend that applicants and the examiner re-evaluate the patentability of claims 13
through 19 in light of U.S. Patent No. 6,056,947.
The examiner's decision is reversed,
REVERSED
)
Sherman D. Winters )
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