Appeal No. 96-2800
Application 08/149,042
content (col. 1, lines 21-23), thereby teaching away from the
claimed invention which specifically requires an octane number
of 100 and a heat of combustion of 18,000 BTU per pound.
With respect to the provisional rejection on the ground
of obviousness-type double patenting, appellant has not
contested the propriety of the rejection. Rather, appellant
urges that
"upon favorable action on this appeal, this provisional
rejection will be attended to." Accordingly, the obviousness-
type double patenting rejection is affirmed.
The decision of the examiner 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
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