Appeal No. 1999-0610 Page 19
Application No. 08/601,186
record that appellants' specification, at page 6, discloses
several polymers or oligomers suitable for carrying out the
invention and does not suggest that use of the particularly
claimed polymers or oligomers would have yielded different or
superior results to those of the other disclosed materials.
CONCLUSION
To summarize, the decision of the examiner to reject
claim 49 under 35 U.S.C. § 112, second paragraph, and claims
49 through 60 under 35 U.S.C. § 103 is reversed. The
examiner's decision to reject claims 49 through 60 under the
judicially created doctrine of double patenting is affirmed.
Accordingly, the examiner's decision to reject claims 49
through 60 is affirmed. Additionally, the application is
remanded to the examiner for consideration of the issues
discussed above.
In addition to affirming the examiner's rejection of one
or more claims, this decision contains a remand. 37 CFR
§ 1.196(e) provides that
Whenever a decision of the Board of Patent Appeals and
Interferences includes or allows a remand, that decision
shall not be considered a final decision. When
appropriate, upon conclusion of proceedings on remand
before the examiner, the Board of Patent Appeals and
Page: Previous 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 Next
Last modified: November 3, 2007