Ex parte BIVENS - Page 6




          Appeal No. 1999-0053                                                        
          Application 08/714,954                                                      


          action and answer raise the issue of a double patenting                     
          problem between the appealed claims and the claims in U.S.                  
          Patent No. 5,590,625 which matured from parent Application                  
          08/521,530.  Since the examiner has never entered a double                  
          patenting rejection in the instant application, this issue is               
          not before us on appeal.  Given the examiner’s concern,                     
          however, we remand the application to the examiner for further              
          consideration of this matter.                                               












               In summary:                                                            
               a) the decision of the examiner to reject claims 10                    
          through 13 is reversed; and                                                 
               b) the application is remanded for further consideration               
          of the double patenting issue raised by the examiner.                       


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