Ex Parte Toussaint - Page 3




          Appeal No. 2003-0125                                                        
          Application No. 09/722,529                                                  


               Claims 26 through 50 stand rejected under the judicially               
          created doctrine of obviousness-type double patenting as being              
          unpatentable over claims 1 through 30 of U.S. Patent No.                    
          6,189,689.2                                                                 


               The full text of the examiner’s rejections and response to             
          the argument presented by appellant appears in the answer (Paper            
          No. 15), while the complete statement of appellant’s argument can           
          be found in the main and reply briefs (Paper Nos. 14 and 18).               


                                   OPINION                                            


               In reaching our conclusion on the issues raised in this                
          appeal, this panel of the board has carefully considered                    










               2 Claim 1 was also finally rejected on obviousness-type                
          double patenting grounds, but this rejection was withdrawn by the           
          examiner in the answer (page 6).                                            
                                          3                                           





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