Appeal 2007-3920
Application 90/007,025
Rexnord offers no evidence other than the argument of counsel to support its
contention. In any case, the contention is not credible.
It may well be that the gripper of claim 3 has other uses, but claim 3 is
directed to the gripper itself, not a method of using the gripper. The gripper
is integral to the chain link and carrying member of the 063 and 846 patents,
respectively. One cannot practice the inventions of those now-expired
patents without using the gripper of claim 3.
CONCLUSION
The double-patenting rejection of claim 3 is—
AFFIRMED
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