Ex Parte TUTTLE - Page 3



          Appeal No. 2002-2308                                                        
          Application No. 08/943,889                                                  


          conductors; and                                                             
               a latch coupled between the receiver and the switch such               
          that each actuation of the switch toggles the receiver between              
          being coupled to the battery and being uncoupled from the                   
          battery.                                                                    

               The examiner relies on the following references:                       
          Walton                     4,384,288             May  17, 1983              
          Kawauchi                   4,501,938             Feb. 26, 1985              
          Froschermeier              5,525,992             Jun. 11, 1996              
          Brady et al. (Brady)       5,972,156             Oct. 26, 1999              
                         (filed Aug. 21, 1997)                                        
                                                                                     
               Claims 6, 8, 9 and 16-19 stand rejected under 35 U.S.C.                
          § 103.  As evidence of obviousness, the examiner cites Walton,              
          Froschermeier and Kawauchi with regard to claims 6, 8, 9 and 16,            
          adding Brady with regard to claims 17-19.                                   
               Claims 6, 8, 9 and 16-19 stand further rejected under                  
          obviousness-type double patenting over either claims 1-17 of U.S.           
          Patent No. 6,130,602 in view of Walton or claims 1-49 of U.S.               
          Patent No. 5,963,177 in view of Walton.                                     
               Reference is made to the brief and answer for the respective           
          positions of appellant and the examiner.                                    


                                       OPINION                                        


               Turning first to the rejection of claims 6, 8, 9 and 16                
          under 35 U.S.C. § 103, the examiner points to Walton for a                  

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