Appeal No. 1996-1784
Application 08/131,037
(CCPA 1960). Accordingly, we reverse the rejection under 35
U.S.C. § 103.
DECISION
The provisional rejection of claims 1-18 and 20-24 under
the judicially created doctrine of obviousness-type double
patenting over claims 1-20, 22-26, 28 and 29 of copending
Application
08/131,036 is affirmed. The rejection of claims 1-20, 22-26,
28 and 29 under 35 U.S.C. § 103 over Martens considered with
one of Yada and Bartissol is reversed.
No time period for taking any subsequent action in
connection with this appeal may be extended under 37 CFR
§ 1.136(a).
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