Appeal No. 2004-0912
Application No. 09/942,061
18 of copending application no. 09/814,430, now U.S. patent 6,453,779, in view of
McCann; claims 21 to 25, 40, 41 and 57 to 59 under the judicially created doctrine of
obviousness-type double patenting over claims 1 to 20 of copending application no.
09/923,120, now U.S. patent 6,457,389, in view of McCann and Chen; the provisional
rejection of claims 21 to 25, 40, 41 and 57 to 59 under the judicially created doctrine
of obviousness-type double patenting over claims 1 to 60 of copending application no.
09/854,795 in view of Fosella, Kress, McCann and Chen; the provisional rejection of
claims 21 to 25, 40, 41 and 57 to 59 under the judicially created doctrine of
obviousness-type double patenting over claims 1 to 20 of copending application no.
09/888,810 in view of McCann and Chen are reversed.
OTHER ISSUES
We leave these issues to be further explored by the Examiner prior to
disposition of the application. The Examiner should evaluate the claimed subject
matter in view of the teachings of Kress, U.S. Patent 1,957,462, that teaches a known
biasing structure. Kress appears to describe a peg (41) has a first end movably
received a recess. The second end of the peg is received in a first receptacle (43) that
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