Appeal No. 95-2035
Serial No. 08/083,864
provisional rejection of claims 1-6 and 12-14 under the judicially created
doctrine of obviousness-type double patenting as being unpatentable over claims 3, 4, 6, 8, 9, 13 and
14 of copending application 08/083,866 is sustained.
Accordingly, 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
JOHN D. SMITH )
Administrative Patent Judge )
)
)
)
) BOARD OF PATENT
THOMAS A. WALTZ ) APPEALS
Administrative Patent Judge ) AND
) INTERFERENCES
)
)
)
CAROL A. SPIEGEL )
Administrative Patent Judge )
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