Appeal No. 2003-1422
Application 09/738,212
In sum, we affirm the rejection of claim 33 under
35 U.S.C. § 112, second paragraph, and affirm the provisional
obviousness-type double patenting rejection of claims 21-30 and
33 based on copending Application No. 09/547,802. We reverse the
provisional obviousness-type double patenting rejection based on
Application No. 09/690,400, now patented. We vacate the
provisional rejection of claims 21-30 and 33 under the judicially
created doctrine of obviousness-type double patenting as
unpatentable over claims 1 and 2 of Application No. 09/650,512,
now abandoned. We reverse the rejection of claims 21-30 and 33
under 35 U.S.C. § 103 as unpatentable over Orbán in view of
Hauer.
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