Ex Parte Thomson et al - Page 11


         Appeal No. 2004-1383                                                       
         Application No. 09/658,389                                                 

              The appellants argue that Cheng does not disclose the                 
         offset fastener receiving passageway limitation of the appealed            
         claims.  This argument is incorrect, because Cheng does disclose           
         each and every limitation of appealed claim 1, as we discussed             
         above.                                                                     
              Accordingly, we affirm this rejection as well.                        

                                      Summary                                       
              In summary, we affirm the examiner’s rejections under: (i)            
         35 U.S.C. § 102(b) of appealed claims 1 through 3, 10, 12, 13,             
         17, 20, and 21 as anticipated by Cheng; (ii) 35 U.S.C. § 103(a)            
         of appealed claims 4 through 6, 18, 24 through 27, and 29                  
         through 31 as unpatentable over Cheng in view of Roddy; (iii) 35           
         U.S.C. § 103(a) of appealed claims 15 and 22 as unpatentable               
         over Cheng in view of Lai; and (iv) the judicially created                 
         doctrine of obviousness-type double patenting of appealed claims           
         1 through 3, 10, 12, 13, 15, 17, and 20 through 22 as                      
         unpatentable over claims 1 through 27 of copending application             
         09/658,509 in view of Cheng.                                               
              The decision of the examiner is affirmed.                             





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