Appeal 2006-3349 Application 09/908,360 Appellants seek review of the following rejections: • claims 80 and 82-851 under 35 U.S.C. § 102(b) as anticipated by Kojima, • claims 80 and 82-99 under 35 U.S.C. § 103(a) as unpatentable over Kojima in view of Hofmeister ‘590 and as unpatentable over Kojima in view of Hofmeister ‘014, • claim 81 under 35 U.S.C. § 103(a) as unpatentable over Kojima in view of Uehara and as unpatentable over Kojima in view of Hofmeister ‘590 or Hofmeister ‘014, further in view of Uehara, • claims 86-92 and 94-99 under 35 U.S.C. § 103(a) as unpatentable over Kojima and Hendrickson, • claim 93 under 35 U.S.C. § 103(a) as unpatentable over Kojima in view of Hendrickson and Fyler,2 and • claims 80 and 82-99 under the judicially-created doctrine of obviousness-type double patenting as unpatentable over claims 1 and 2 of Grunes in view of Kojima.3 The Examiner provides reasoning in support of the rejections in the Answer (mailed April 4, 2006). Appellants present opposing arguments in the Appeal Brief (filed January 17, 2006) and Reply Brief (filed June 5, 2006). 1 The Examiner withdrew this rejection as to claim 86 (Answer 3). 2 The alternative rejection of claim 93 as unpatentable over Hendrickson in view of Kojima and Fyler has been withdrawn (Answer 3). 3 The Examiner’s reference to “Japanese reference 4-87789” (Final Rejection 6 and Answer 7) in the statement of the rejection appears to be an inadvertent error. 4Page: Previous 1 2 3 4 5 6 7 8 9 10 Next
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