Appeal No. 2003-1422
Application 09/738,212
3. Provisional rejection of claims 21-30 and 33
under the judicially created doctrine of obvious-
type double patenting as being unpatentable
over claims 1-30 of copending Application
No. 09/690,400
Application No. 09/690,400 issued as U.S. Patent
No. 6,258,808 on July 10, 2001. We have reviewed the claims of
the issued patent and have concluded that they are not directed
to the same invention claimed in present claims 21-30 and 33, and
do not render obvious claims 21-30 and 33.
The rejection is reversed.
4. Provisional rejection of claims 21-30 and 33
under the judicially created doctrine of obvious-
type double patenting as being unpatentable
over claims 1 and 2 of copending Application
No. 09/605,512
Application No. 09/605,512 was abandoned on
March 26, 2002. Accordingly, we vacate this ground of rejection.
5. Provisional rejection of claims 21-30 and 33
under the judicially created doctrine of obvious-
type double patenting as being unpatentable
over claims 1-3, 5-8, 15, 17, 19, 24, 26
and 28 of copending Application No. 09/547,802
Appellants fail to present arguments traversing this
ground of rejection. See Appeal Brief, page 4. Accordingly,
the rejection is affirmed.
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