Ex Parte BENAYON et al - Page 3

          Appeal No. 2002-0759                                                        
          Application No. 09/088,747                                                  


          patenting rejection of claims 11 through 13, 15, 16, 21 and 22 is           
          sustained pro forma.                                                        
                                      DECISION                                        
               The decision of the examiner rejecting claims 11 through 13,           
          15, 16, 21 and 22 under the judicially created doctrine of double           
          patenting 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                                        



                    KENNETH W. HAIRSTON          )                                    
                    Administrative Patent Judge  )                                    
                                                  )                                   
                                                  )                                   
                                                  )   BOARD OF PATENT                 
                    JERRY SMITH              )     APPEALS AND                        
                    Administrative Patent Judge  )    INTERFERENCES                   
                                                  )                                   
                                                  )                                   
                                                  )                                   
                    JOSEPH L. DIXON          )                                        
                    Administrative Patent Judge  )                                    



          KWH:dal                                                                     

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