Appeal No. 2006-0656 Page 7
Application No. 10/086,637
USPQ2d 1955, 1956 (Fed. Cir. 1993). On this record, we find that the examiner’s initial
burden of providing the evidence necessary to establish a prima facie case of
unpatentability has not been met. Accordingly, the rejections of the claims under 35
U.S.C. § 103 are reversed.
Obviousness-Type Double Patenting
The examiner rejected claims 183-193, 196 and 197 under the doctrine of
obviousness-type double patenting as being unpatentable over claims 1-9 of U.S.
Patent No. 6,387,350. Appellant does not dispute the merits of the examiner’s double
patenting rejection, and indicates that a terminal disclaimer will be filed “upon remand to
the examiner with the reversal of the outstanding prior art rejections” (Appeal Brief,
page 14). Thus, we affirm the rejection.
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