Appeal No. 1999-0752
Application No. 08/806,103
drawings and the specifications in both the instant application
and U.S. Patent No. 5,512,335 appears to indicate that the
“means-plus-function” terms recited in the claims therein may be
referring to the same fluid treatment device structures.
Thus, upon return of this application, the examiner is to
properly interpret the means-plus-function limitations in the
claims of the instant application and U.S. Patent 5,512,335
consistent with Donaldson and determine whether such
interpretation would have rendered the subject matter claimed in
this application unpatentable over the claims of U.S. Patent No.
5,512,335 under statutory double patenting or judicially created
obviousness-type double patenting.
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