Appeal No. 1999-1042 Page 13
Application No. 08/781,220
independent and distinct. According to Schneller, “[t]he
controlling fact is that the patent protection for the clips,
fully disclosed in and covered by the patent, would be extended
by the appealed claims” (397 F.2d at 355, 158 USPQ at 215). It
is clear to us that the patent claims and the application
claims are directed to two separate inventions, and that the
issuance of the application claims will not extend the
exclusivity of the rights granted beyond the term of the
patent. We therefore will not sustain the double patenting
rejection.
SUMMARY
None of the rejections are sustained.
The decision of the examiner is reversed.
REVERSED
NEAL E. ABRAMS )
Administrative Patent Judge )
)
)
)
) BOARD OF PATENT
CHARLES E. FRANKFORT ) APPEALS
Administrative Patent Judge ) AND
) INTERFERENCES
)
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