Appeal No. 96-1231
Application 08/165,143
over claim 1 of Cava ‘755.
DECISION
The rejection of claims 1, 3 and 4 under the judicially
created doctrine of obviousness-type double patenting over
claims 1-5 of Cava ‘530 is affirmed. The rejection of claims
1 and 3-6 under the judicially created doctrine of
obviousness-type double patenting over claim 1 of Cava ‘755 is
reversed.
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
EDWARD C. KIMLIN )
Administrative Patent Judge )
)
)
)
BRADLEY R. GARRIS ) BOARD OF PATENT
Administrative Patent Judge ) APPEALS AND
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