Ex Parte Cline et al - Page 8




          Appeal No. 2003-0132                                                        
          Application 09/741,356                                                      


          of time,” which limitation is not in claim 9 of the application,            
          while claim 10 of the patent requires a pump control system                 
          “including a preset target pressure” and that pump speed be                 
          controlled “as a function of the differential pressure between              
          actual pressure of the pressure sensor and the preset target                
          pressure by the pump control system,” which limitations are not             
          present in claim 1 of the application.                                      


          In the final analysis, it is clear to us that the examiner                  
          has not made out a prima facie case for obviousness-type double             
          patenting.                                                                  



















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