Appeal No. 1999-0053 Application 08/714,954 action and answer raise the issue of a double patenting problem between the appealed claims and the claims in U.S. Patent No. 5,590,625 which matured from parent Application 08/521,530. Since the examiner has never entered a double patenting rejection in the instant application, this issue is not before us on appeal. Given the examiner’s concern, however, we remand the application to the examiner for further consideration of this matter. In summary: a) the decision of the examiner to reject claims 10 through 13 is reversed; and b) the application is remanded for further consideration of the double patenting issue raised by the examiner. 6Page: Previous 1 2 3 4 5 6 7 NextLast modified: November 3, 2007