Appeal No. 94-2097
Application 07/875,630
CONCLUSION
In conclusion, the provisional rejection of all the
appealed claims under the judicially created doctrine of
obviousness-type double patenting over the claims of
application Serial No. 08/009,353, is moot. We affirm the
rejection of all the appealed claims under the judicially
created doctrine of obviousness-type double patenting over the
claims of U.S. Patent No. 5,019,382. However, we reverse the
rejection of all the appealed claims under 35 U.S.C. § 103 as
unpatentable over Hasegawa or Tompkins. We also recommend
that the examiner evaluate the patentability of claims 2, 3,
5, 7, 8, 10, 21 and 22 in light of PCT publication WO 82/00588
as prior art.
The examiner's decision is affirmed.
No time period for taking any subsequent action in
connec-tion with this appeal may be extended under 37 CFR
§ 1.136(a).
AFFIRMED
SHERMAN D. WINTERS )
Administrative Patent Judge )
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