Appeal No. 2004-2028
Application No. 09/423,746
REFERENCE
The examiner relies on the following references:
Fagiolini (Fagiolini ‘567) US 6,171,567 B1 Jan. 9, 2001
(Filed Sep. 6, 1996)
Regler et al. (Regler) 4,100,645 A1 Jul. 16, 1992
(Published German Patent)
Fagiolini (Fagiolini ‘835) WO 95/19835 Jul. 27, 1995
(Published International Patent Application)
REJECTION
The claims on appeal are rejected as follows1:
I) Claims 1, 2, 4 through 10, 12 and 13 under the judicially
created doctrine of obviousness-type double patenting as
unpatentable over claims 1 through 14 of Fagiolini ‘567 in
view of Regler2; and
II) Claims 1, 2, 4 through 10, 12 and 13 under 35 U.S.C. § 103 as
unpatentable over the combined disclosures of Regler and
Fagiolini ‘8353.
1 The examiner has withdrawn the Section 112 rejection of claim 13 at page 4 of the
Answer.
2 Our reference to this published German Patent is to the corresponding English
translation of record.
3 Our reference to this published International Application is to the corresponding
(continued...)
3
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