Ex Parte Wollenberg et al - Page 23

                Appeal 2007-0510                                                                                 
                Application 10/699,507                                                                           
                                                                                                                 
            1   § 103(a) as being unpatentable over the combination of Kolosov, O’Rear,                          
            2   Tolvanen, and Garr.                                                                              
            3          The Appellants have not sustained their burden of showing that the                        
            4   Examiner erred in rejecting claims 14-17 and 34-37 under 35 U.S.C. §                             
            5   103(a) as being unpatentable over the combination of Kolosov, O’Rear,                            
            6   Tolvanen, and Smrcka.                                                                            
            7          The Appellants have not sustained their burden of showing that the                        
            8   Examiner erred in provisionally rejecting claims 1-3, 6, 7, 9, 11, 12, 14, 15,                   
            9   19, 20, 22, 23, 26, 27, 29, 31, 32, 34, 35, and 38-45 under the judicially                       
           10   created doctrine of obviousness-type double patenting as being unpatentable                      
           11   over claims 1, 3-9, 15-19, and 24-30 of copending Application 10/779,422.                        
           12          The Appellants have not sustained their burden of showing that the                        
           13   Examiner erred in provisionally rejecting claims 1, 2, 13-18, 20-22, and 33-                     
           14   38 under the judicially created doctrine of obviousness-type double                              
           15   patenting as being unpatentable over claims 20 and 22-30 of copending                            
           16   Application 10/699,529.                                                                          
           17          The Appellants have not sustained their burden of showing that the                        
           18   Examiner erred in provisionally rejecting claims 1, 2, 13-17, 20, 22, 34-37,                     
           19   39-42, 44, and 45 under the judicially created doctrine of obviousness-type                      
           20   double patenting as being unpatentable over claims 1, 3, 10-18, 22, and 23 of                    
           21   copending Application 10/699,508.                                                                
           22          The Appellants have not sustained their burden of showing that the                        
           23   Examiner erred in provisionally rejecting claims 1, 2, 20, 22, 39, 41, and 44                    
           24   under the judicially created doctrine of obviousness-type double patenting as                    
           25   being unpatentable over claims 1, 13, 19-22, and 33-35 of copending                              
           26   Application 10/699,509.                                                                          

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