Ex parte HYNECEK - Page 6




          Appeal No. 1998-2877                                                        
          Application No. 08/567,680                                                  


                                      DECISION                                        
               The decision of the examiner rejecting claims 12 through               
          16 under the judicially created doctrine of obviousness-type                
          double patenting is affirmed.                                               
               No time period for taking any subsequent action in                     
          connection with this appeal may be extended under 37 C.F.R.                 
          § 1.136(a).                                                                 
                                      AFFIRMED                                        



                                                       )                              
                         KENNETH W. HAIRSTON                )                         
                         Administrative Patent Judge   )                              
                                                       )                              
                                                       )                              
                                                       )  BOARD OF PATENT             
                         JOSEPH F. RUGGIERO            )                              
                         Administrative Patent Judge   )   APPEALS AND                
                                                       )                              
                                                       )  INTERFERENCES               
                                                       )                              
                         LANCE LEONARD BARRY                )                         
                         Administrative Patent Judge   )                              
          KWH:hh                                                                      






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