Appeal No. 97-2020
Application 07/957,107
scope of these claims. Thus, because we cannot ascertain the
scope of claims 1 and 12 of the above copending application,
we find that we are unable to determine whether the rejection
under the judicially created doctrine of obviousness-type
double patenting is proper. Therefore, at this time, we will
not sustain the Examiner's rejection under the obviousness-
type double patenting doctrine.
We have not sustained the rejection of claims 2
through 7 and 14 through 16 under 35 U.S.C. § 103 or under the
judicially created doctrine of obviousness-type double
patenting. Accordingly, the Examiner's decision is reversed.
REVERSED
MICHAEL R. FLEMING )
Administrative Patent Judge )
) BOARD OF
PATENT
) APPEALS AND
) INTERFERENCES
JOSEPH RUGGIERO )
Administrative Patent Judge )
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