Appeal No. 2004-1264
Application 09/909,168
Independent claims 18 through 21, 28, and 31 through 34 are
representative of the subject matter on appeal and a copy of
those claims can be found in the Appendix to appellant's brief
(pages 8-12).
The references of record relied upon by the examiner in
rejecting the appealed claims are:
Ferreira 5,123,184 Jun. 23, 1992
Kelly 6,272,774 Aug. 14, 2001
Claims 18 through 34 stand rejected under 35 U.S.C. §102(b)
as being anticipated by Ferreira.
Claims 28 through 30 and 34 additionally stand rejected
under the judicially created doctrine of obviousness-type double
patenting as being unpatentable over claim 1 of appellant’s prior
U.S. Patent No. 6,272,774.1
1 The examiner’s final rejection of claims 18 through 27 and
31 through 33 under the judicially created doctrine of
obviousness-type double patenting as being unpatentable over
claims 1-21 of appellant’s prior U.S. Patent No. 6,272,774 has
now been withdrawn by the examiner (supp. answer, page 3).
2
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