Ex parte NAKAO et al. - Page 5




          Appeal No. 96-1701                                                          
          Application 08/190,211                                                      


          record.  Thus the examiner’s rejections of the appealed claims              
          are reversed.                                                               






                                       REMAND                                         
               At page 2 of the Brief, appellants indicate that Application           
          08/036,148 is related to the present application and that an                
          appeal (Appeal No. 96-1673) has been taken therein.  In light of            
          the closely related subject matter claimed in application                   
          08/036,148, this application is remanded to the examiner to                 
          determine whether or not a rejection of the herein claimed                  
          subject matter should be made on the grounds of provisional                 
          obviousness-type double patenting.  A copy of our decision in               
          Appeal No. 96-1673 issued concurrently, is attached.                        

                                REVERSED and REMANDED                                 



                                                       )                              
                         EDWARD C. KIMLIN              )                              
                         Administrative Patent Judge   )                              
                                                       )                              
                                                       )                              

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