Appeal No. 2003-0930 Page 2
Application No. 09/550,555
BACKGROUND
The appellant's invention relates to shock-producing, animal repelling and
training devices; particularly to a portable, wireless, shock-producing, animal repelling
and training device which has the crisscrossing electrodes maintained in position by an
electrode separator (specification, p. 1). A copy of the claims under appeal is set forth
in the appendix to the appellant's brief.
Claims 3 and 4 stand rejected under the judicially created doctrine of double
patenting over claims 1 to 5 of U.S. Patent No. 6,014,9511 to Betzen in view of U.S.
Patent No. 4,580,7672 to Zimmerman.
Rather than reiterate the conflicting viewpoints advanced by the examiner and
the appellant regarding the above-noted rejection, we make reference to the final
rejection (Paper No. 9, mailed February 7, 2002) and the answer (Paper No. 15, mailed
September 27, 2002) for the examiner's complete reasoning in support of the rejection,
and to the brief (Paper No. 13, filed May 7, 2002) for the appellant's arguments
thereagainst.
1 Issued January 18, 2000.
2 Issued April 8, 1986.
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