Ex parte YOKOTA et al. - Page 5




          Appeal No. 98-1563                                         Page 5           
          Application No. 08/469,198                                                  


          brief (Paper No. 18, filed June 9, 1997) and reply brief                    
          (Paper No. 20, filed November 12, 1997) for the appellants'                 
          arguments thereagainst.                                                     


                                       OPINION                                        
               In reaching our decision in this appeal, we have given                 
          careful consideration to the appellants' specification and                  
          claims, to the applied prior art references, and to the                     
          respective positions articulated by the appellants and the                  
          examiner.  As a consequence of our review, we make the                      
          determinations which follow.                                                


          The double patenting rejection                                              
               We will not sustain the rejection of claims 39 and 52                  
          under the judicially created doctrine of double patenting over              
          claims                                                                      
          1-21 of Yokota.                                                             


               In this rejection of claims 39 and 52, the examiner                    
          stated (answer, pp. 5-6) that                                               









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