Appeal No. 97-3085 Application 08/236,835 afforded by the claims in Applications 08/236,838, 08/236,809 and 08/236,069 (Patent No. 5,577,963). The examiner’s determination to the contrary as set forth in the answer is fundamentally flawed in that it fails to take into account the subject matter as a whole recited in these claims. Accordingly, we shall not sustain the examiner’s double patenting rejection of claims 1, 2, 4 through 7, 10 through 13 and 16 through 21. The decision of the examiner is reversed. REVERSED LAWRENCE J. STAAB ) Administrative Patent Judge ) ) ) ) JOHN P. McQUADE ) BOARD OF PATENT Administrative Patent Judge ) APPEALS AND ) INTERFERENCES ) ) JEFFREY V. NASE ) Administrative Patent Judge ) -8-Page: Previous 1 2 3 4 5 6 7 8 9 NextLast modified: November 3, 2007