Ex parte WATSON et al. - Page 5




          Appeal No. 1998-3003                                       Page 5           
          Application No. 08/589,621                                                  


          (Paper No. 5, mailed January 16, 1997), the supplemental final              
          rejection (Paper No. 9, mailed September 2, 1997), and the                  
          examiner's answer (Paper No. 12, mailed May 22, 1998) for the               
          examiner's complete reasoning in support of the rejections,                 
          and to the appellants' brief (Paper No. 10, filed January 29,               
          1998) 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 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 1 through 8                
          under the judicially created doctrine of obviousness-type                   
          double patenting over claims 1 through 18 of Watson.                        










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