Appeal No. 98-1563 Page 21
Application No. 08/469,198
CONCLUSION
To summarize, the decision of the examiner to reject
claims 39 and 52 under the judicially created doctrine of
double patenting over claims 1-21 of Yokota is reversed; the
decision of the examiner to reject claims 39 and 52 under 35
U.S.C. § 112, first and second paragraphs, is reversed; and
the decision of the examiner to reject claims 39 and 52 under
35 U.S.C. § 103 is reversed.
REVERSED
IRWIN CHARLES COHEN )
Administrative Patent Judge )
)
)
)
) BOARD OF PATENT
LAWRENCE J. STAAB ) APPEALS
Administrative Patent Judge ) AND
) INTERFERENCES
)
)
)
JEFFREY V. NASE )
Administrative Patent Judge )
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