Appeal No. 95-0083
Application 07/711,556
U.S.C. § 103.
CONCLUSION
For the reasons set forth in the body of this opinion, we reverse the rejection of
claims 43, 45 through 49 and 52 for obviousness-type double patenting. However, we
affirm the rejection of claims 54 and 56 through 58 for obviousness-type double
patenting. We reverse the rejection of claims 43, 45, 46, 49, 52, 54 and 56 through 58
under 35 U.S.C. § 103. On return of this application to the examining corps, we
recommend that the examiner step back and reassess patentability of the appealed
claims under 35 U.S.C. § 103.
The examiner's decision is affirmed in part.
No time period for taking any subsequent action in connection with this appeal
may be extended under 37 CFR § 1.136(a).
AFFIRMED IN PART
BRUCE H. STONER, JR. )
Chief Administrative Patent Judge )
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