Ex Parte Wollenberg et al - Page 25

                Appeal 2007-0511                                                                                 
                Application 10/699,508                                                                           
            1          The Appellants have not sustained their burden of showing that the                        
            2   Examiner erred in rejecting claims 11-14 under 35 U.S.C. § 103(a) as being                       
            3   unpatentable over the combination of Kolosov, Smrcka, and O’Rear or                              
            4   Gatto.                                                                                           
            5          The Appellants have not sustained their burden of showing that the                        
            6   Examiner erred in rejecting claims 22 and 23 under 35 U.S.C. § 103(a) as                         
            7   being unpatentable over the combination of Kolosov, Garr, and O’Rear or                          
            8   Gatto.                                                                                           
            9          The Appellants have not sustained their burden of showing that the                        
           10   Examiner erred in provisionally rejecting claims 1-3, 6, 11, 12, 15-18, and                      
           11   21-23 under the judicially created doctrine of obviousness-type double                           
           12   patenting as being unpatentable over claims 1-5, 17, 18, and 24-30 of                            
           13   copending Application 10/779,422.                                                                
           14          The Appellants have not sustained their burden of showing that the                        
           15   Examiner erred in provisionally rejecting claims 1-3 and 10-14 under the                         
           16   judicially created doctrine of obviousness-type double patenting as being                        
           17   unpatentable over claims 20, 22-24, and 26-30 of copending Application                           
           18   10/699,529.                                                                                      
           19          The Appellants have not sustained their burden of showing that the                        
           20   Examiner erred in provisionally rejecting claims 1-3, 10-18, 22, and 23                          
           21   under the judicially created doctrine of obviousness-type double patenting as                    
           22   being unpatentable over claims 1, 2, 13-17, 20, 22, 34-37, 39-42, 44, and 45                     
           23   of copending Application 10/699,507.                                                             
           24          The Appellants have not sustained their burden of showing that the                        
           25   Examiner erred in provisionally rejecting claims 1, 3, 15, 17, and 22 under                      
           26   the judicially created doctrine of obviousness-type double patenting as being                    

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