Ex parte KUMAGAI et al. - Page 7




               Appeal No. 95-0648                                                                                                     
               Application 08/001,199                                                                                                 



                                                             Summary                                                                  
                       In summary:                                                                                                    
                       a) The rejection of claims 13-19 and 21-23 under 35 U.S.C. § 103 as being unpatentable                         
               over the acknowledged prior art in view of Okado and Mihara is reversed.                                               
                       b) The rejection of claims 13-19 and 21-23 under the judicially created doctrine of                            
               obviousness type double patenting as being unpatentable over claims 1-12 of U.S. Patent                                
               5,303,110 to Kumagai in view of Okado and Mihara is reversed.                                                          
                                                            REVERSED                                                                  






                                       STANLEY M. URYNOWICZ, JR.      )                                                               
                                      Administrative Patent Judge            )                                                       
                                                                             )                                                       
                                                              )  BOARD OF PATENT                                                     
                                                                                     )      APPEALS  AND                             
                                      KENNETH W. HAIRSTON                    )   INTERFERENCES                                       
                                      Administrative Patent Judge            )                                                       
                                                                              )                                                       
                                                                     )                                                               
                                                                              )                                                       
                                       RICHARD TORCZON                        )                                                       
               Administrative Patent Judge       )                                                                                    




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