Appeal No. 97-1848
Application 08/338,074
did not maintain, or make, a double patenting rejection in the
examiner's answer, we have no occasion to discuss any
requirement that applicants file a terminal disclaimer.
D. Decision
The decision of the examiner rejecting all the claims on
appeal as being unpatentable under 35 U.S.C. § 103 over
Nordstrom in view of Rehfuss is reversed.
The decision of the examiner rejecting all the claims on
appeal as being unpatentable under 35 U.S.C. § 103 over
Culbertson is reversed.
REVERSED.
______________________________
FRED E. McKELVEY, Senior )
Administrative Patent Judge )
)
)
______________________________)
RICHARD E. SCHAFER ) BOARD OF PATENT
Administrative Patent Judge ) APPEALS AND
) INTERFERENCES
)
______________________________)
JAMESON LEE )
Administrative Patent Judge )
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