Ex parte STRETCH - Page 8




          Appeal No. 97-3085                                                          
          Application 08/236,835                                                      


          afforded by the claims in Applications 08/236,838, 08/236,809               
          and 08/236,069 (Patent No. 5,577,963).  The examiner’s                      
          determination to the contrary as set forth in the answer is                 
          fundamentally flawed in that it fails to take into account the              
          subject matter as a whole recited in these claims.                          
               Accordingly, we shall not sustain the examiner’s double                
          patenting rejection of claims 1, 2, 4 through 7, 10 through 13              
          and 16 through 21.                                                          
               The decision of the examiner is reversed.                              
                                      REVERSED                                        




                         LAWRENCE J. STAAB             )                              
                         Administrative Patent Judge   )                              
                                                      )                              
                                                      )                              
                                                      )                              
                         JOHN P. McQUADE               )  BOARD OF PATENT             
                         Administrative Patent Judge   )  APPEALS AND                 
                                                      )  INTERFERENCES               
                                                      )                              
                                                      )                              
                         JEFFREY V. NASE               )                              
                         Administrative Patent Judge   )                              





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