Appeal No. 97-0480 Application No. 07/858,818 reject claims 10, 13, 14 and 16 under the judicially created doctrine of obviousness-type double patenting as being unpatentable over claims 1-7, 9-16, 19, 21-24, 37-40 and 42 of copending application no. 07/931,882 in view of Sanford “R” is reversed, and (III) to provisionally reject claims 10, 13, 14 and 16 under the judicially created doctrine of obviousness-type double patenting as being unpatentable over claims 1-7, 9-16, 19, 21-24, 37-40 and 42 of copending application no. 07/931,882 in view of Sanford is sustained. AFFIRMED SHERMAN D. WINTERS ) Administrative Patent Judge ) ) ) ) ) BOARD OF PATENT TEDDY S. GRON ) APPEALS Administrative Patent Judge ) AND ) INTERFERENCES ) ) ) CAROL A. SPIEGEL ) Administrative Patent Judge ) CAS/kis ROBINS & ASSOCIATES 90 MIDDLEFIELD ROAD SUITE 200 MENLO PARK, CA 94025 Page 12Page: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 14 NextLast modified: November 3, 2007