Appeal No. 2005-0806 Page 17
Application No. 10/179,812
CONCLUSION
To summarize, the decision of the examiner to provisionally reject claims 1 to 13
under the judicially created doctrine of obviousness-type double patenting over claims 1
to 8, 12 and 13 of copending Application No. 08/815,556 is reversed; the decision of the
examiner to reject claims 1 to 13 under the judicially created doctrine of obviousness-
type double patenting over claims 1 to 14 of U.S. Patent No. 6,623,381 is affirmed; the
decision of the examiner to reject claims 1 to 5 and 9 to 13 under 35 U.S.C. § 103 as
being unpatentable over Nesbitt in view of Horiuchi is affirmed; and the decision of the
examiner to reject claims 1 to 13 under 35 U.S.C. § 103 as being unpatentable over
Nesbitt in view of Horiuchi and Sullivan is affirmed.
Since at least one rejection of each of the appealed claims has been affirmed,
the decision of the examiner is affirmed.
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