Appeal No. 2002-1791
Application No. 08/588,945
Thus, having considered all the evidence of record, we
determine that the evidence of obviousness, on balance, outweighs
the evidence of nonobviousness. Accordingly, we affirm the
examiner’s decision rejecting the appealed claims under 35 U.S.C.
§ 103.
As a final point, we note that the subject matter on appeal
is related to the subject matter claimed in Application Serial
Nos. 08/588,947 and 08/708,998, and U.S. Patent No. 5,574,083.
In the event of further prosecution, the examiner is advised to
determine whether the claims of the above applications or patent
alone, or in combination with Taylor or Mellon, affect the
patentability of the subject matter claimed in this application
under the judicially created doctrine of obviousness-type double
patenting.
9
Page: Previous 1 2 3 4 5 6 7 8 9 10 11 Next
Last modified: November 3, 2007