Appeal No. 94-4409
Application 07/958,526
which held up the rate of prosecution of the present
application. We therefore ?procedurally? reverse the stated
rejection under the judicially-created doctrine of
obviousness-type double patenting.
In summary, the examiner’s rejection of the appealed
claims for obviousness (35 USC § 103) is affirmed. The
examiner’s rejection of certain of the appealed claims based
on the judicially-created doctrine of obviousness-type double
patenting is reversed. The decision of the examiner is
affirmed.
No time period for taking any subsequent action in
connection with this appeal may be extended under 37 CFR
§ 1.136(a).
AFFIRMED
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