Appeal No. 95-1829
Application No. 08/068,040
Claims 25, 38-47 and 49 are rejected under the judicially
created doctrine of obviousness-type double patenting as being
unpatentable over claims 1-20 of U.S. Patent No. 5,244,684 to
Tong (Answer, p.5). We affirm this rejection.
According to appellants (Reply brief, p.2):
A timely filed terminal disclaimer in compliance
with 37 CFR 1.321(b) will be filed upon receipt of
indication of allowable subject matter.
Since a terminal disclaimer has not yet been filed, the
examiner properly maintained the rejection of claims 25, 38-47
and 49 under the judicially created doctrine of obviousness-
type double patenting (Supplemental examiner's answer, p.2).
No period for taking any subsequent action in connection
with this appeal may be extended under 37 CFR § 1.136(a).
AFFIRMED
EDWARD C. KIMLIN )
Administrative Patent Judge )
)
)
)
) BOARD OF PATENT
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