Appeal No. 2002-0679 11
Application No. 08/684,351
The rejection of claims 1 through 21, 23 through 28, 30, 45 and 48 under 35
U.S.C. §103(a) as being unpatentable over Smith in view of Martin and Kralik is reversed.
The rejection of claims 1 through 3, 5 through 7, 9 through 13, 15 through 19,
21, 23 through 26, 28, 30, 45 and 48 under the judicially created doctrine of
obviousness-type double patenting as being unpatentable over claims 1 through 25 of U. S.
Patent No. 5,952,065 is affirmed.
The decision of the examiner is affirmed-in-part.
No time period for taking any subsequent action in connection with this appeal may
be extended under 37 CFR § 1.136(a).
AFFIRMED-IN-PART
PAUL LIEBERMAN )
Administrative Patent Judge )
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) BOARD OF PATENT
ROMULO H. DELMENDO ) APPEALS
Administrative Patent Judge ) AND
) INTERFERENCES
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