Appeal No. 95-4404
Application 07/913,121
done so.
The examiner’s rejections of claims 14-19 as obvious over Konig in combination
with Urdea and Holmes, and of claims 8-13 as obvious over Konig in combination with
Urdea, Holmes and Goff are affirmed.
OTHER ISSUES
Claims 1-7 are now free of rejection. However, the merits panel has become aware
of the issuance of U.S. Patent No. 5,413,906 to Eberle; this patent claims priority to a PCT
with a publication date of March 19, 1992. Upon return of this application, the examiner
should review Eberle and determine whether the claims of the patent and claims 1-7 of this
application are directed to the same patentable invention. If so, it appears that the
question of interference arises.
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
WILLIAM F. SMITH )
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