Ex Parte SHANDER et al - Page 4

                  Appeal No. 2001-0914                                                                                        Page 4                      
                  Application No. 08/869,381                                                                                                              
                  rejection, we will not burden the record with further comment.  Rather, we will simply                                                  
                  adopt as our own position the facts and reasons set forth in the first Supplemental                                                     
                  Examiner's Answer in support of the obviousness-type double patenting rejection.                                                        
                           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 CFR § 1.136(a).                                                                                                
                                                                     AFFIRMED                                                                             




                                                                                          )                                                               
                                                      Bruce H. Stoner, Chief                       )                                                      
                                                      Administrative Patent Judge                  )                                                      
                                                                                                   )                                                      
                                                                                                   )                                                      
                                                                                                   ) BOARD OF PATENT                                      
                                                      Gary V. Harkcom, Vice Chief                  )                                                      
                                                      Administrative Patent Judge                  )   APPEALS AND                                        
                                                                                                   )                                                      
                                                                                                   ) INTERFERENCES                                        
                                                      William F. Smith                             )                                                      
                                                      Administrative Patent Judge                  )                                                      


















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