Appeal No. 96-2425
Application 08/094,933
doctrine of obviousness-type double patenting over claims 1-9
of Bolton and under 35 U.S.C. § 103 over Bolton are reversed.
The rejections of claim 9 under the judicially created
doctrine of obviousness-type double patenting, under 35 U.S.C.
§ 102(e) as anticipated by Bolton, and under 35 U.S.C. § 103
as obvious over Bolton, are affirmed.
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 )
)
)
)
JOAN ELLIS ) BOARD OF PATENT
Administrative Patent Judge ) APPEALS AND
) INTERFERENCES
)
)
TERRY J. OWENS )
Administrative Patent Judge )
Bayer Corporation
Patent Department
100 Bayer Road
Pittsburgh, PA
-9-9
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