Appeal No. 1999-0058
Application No. 08/701,878
Summary
In summary, we affirm the examiner’s rejection under 35
U.S.C. § 103(a) of appealed claims 1 through 4, 7 through 14, and
16 through 23 as unpatentable over Bournonville. We also affirm
the examiner's provisional rejection under the judicially created
doctrine of obviousness-type double patenting of appealed claims
1 through 4, 7 through 14, and 16 through 23 as unpatentable over
claims 1 through 3, 5 through 12, and 23 through 44 of commonly
owned, copending application 08/239,062. However, we reverse the
rejection under 35 U.S.C. § 112, second paragraph, of appealed
claims 1 through 4, 7 through 14, and 16 through 23 as
indefinite.
The decision of the examiner is affirmed.
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