Appeal No. 2005-0393
Application 09/536,728
as they apply to representative claims 21 and 39 which are attached as an appendix to
this decision.
The references relied upon by the examiner are:
Stähle et al. (Stähle) 4,213,995 Jul. 22, 1980
Olson et al. (Olson) 4,287,201 Sep. 1, 1981
York, Jr. (York) 4,461,904 Jul. 24, 1984
The claims stand rejected as follows:
I. Claims 21-24, 26, 47-50 and 73-81 stand rejected pursuant to 35 U.S.C.
§ 103(a) as being unpatentable over Olson.
II. Claims 21-24, 30-33, 39-50, 55-65, 71 and 72 stand rejected pursuant to 35
U.S.C. § 103(a) as being unpatentable over York.
III. Claims 21-24, 30-33, 39, 46, 61, 73-75, 77-79 and 81 stand rejected pursuant to
35 U.S.C. § 103(a) as being unpatentable over Stähle.
IV. Claims 21-24, 30-33, 39-50, 55-65, 71 and 72 are provisionally rejected under
the judicially-created doctrine of obviousness-type double patenting as being
unpatentable over claims 15-21 and 27-29 of Application No. 09/976,917, now claims
1-7, 13 and 14 of U.S. Patent No. 6,602,897.
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