Ex Parte Lowrance et al - Page 4

                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.                                                                           
                                                     4                                                       

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