Appeal No. 2000-0002
Application 08/848,477
herein claimed are, in fact, prepared by the process of his
earlier issued patent, we find that the products would have at
least been prima facie obvious from the claims of appellant's
prior patent. Accordingly, the rejection of the claims on the
grounds of obviousness-type double patenting is affirmed.
SUMMARY
The examiner's rejection of the appealed claims under 35
U.S.C. §§ 102 and 103 is reversed. The examiner's rejection of
the claims on the grounds of obviousness-type double patenting
is affirmed. 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 C.F.R.
§ 1.136(a).
AFFIRMED
ANDREW H. METZ )
Administrative Patent Judge )
)
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