Ex parte BOUFFARD et al. - Page 23




          Appeal No. 95-0976                                                          
          Application No. 07/936,558                                                  


          Terminal Disclaimer(s) be filed the issuance of this                        
          application is binding upon the examiner in the absence of new              
          references or other new grounds of rejection.  Compare 37 CFR               
          § 1.196(c).                                                                 
                                     CONCLUSION                                       
               The decision of the examiner refusing to allow claims 1-               
          14 under the judicially created doctrine of obviousness-type                
          double patenting is affirmed.                                               
               The decision of the examiner refusing to allow claim 1                 
          under 35 U.S.C. § 112, first paragraph, is reversed.                        
               The decision of the examiner refusing to allow claims 1-               
          14 under 35 U.S.C. § 103 is reversed.                                       
               The time period in which appellants may file a proper                  
          Terminal Disclaimer(s) as noted above is hereby set to expire               
          TWO MONTHS FROM THE DATE OF THIS DECISION.                                  











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