Ex Parte BOOTHBY - Page 4




          Appeal No. 2002-1905                                                        
          Application No. 09/240,563                                                  


          changes in the law supersede the terminal disclaimer requirements           
          of Van Ornum.                                                               
               In summary, the obviousness-type double patenting rejection of         
          claims 22 through 27 is sustained.                                          
                                       DECISION                                       
               The decision of the examiner rejecting claims 22 through 27            
          under the judicially created doctrine of obviousness-type 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              
                         JOSEPH L. DIXON               )     APPEALS                  
                         Administrative Patent Judge   )       AND                    
                                                       )  INTERFERENCES               
                                                       )                              
                                                       )                              
                                                       )                              
                         STUART S. LEVY                )                              
                         Administrative Patent Judge   )                              

          KWH/lp                                                                      


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