Appeal No. 95-3387
Application No. 08/005,942
of the prior art. The examiner should carefully review this
evidence.
Conclusion
The decision of the examiner refusing to allow claims 1-
15 under the judicially created doctrine of obviousness-type
double patenting is affirmed.
The decision of the examiner refusing to allow claims 1-
15 under 35 U.S.C. § 103 is reversed.
No time period for taking subsequent action in connection
with this appeal may be extended under 37 CFR § 1.136(a).
AFFIRMED
SHERMAN D. WINTERS )
Administrative Patent Judge )
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