Appeal No. 1996-2734 Page 11
Application No. 08/133,680
The decision of the examiner to reject claims 15-19 under
35 U.S.C. § 103 as being unpatentable over Schwartzkopf in
view of Bhatt and to reject claims 15-19 under the judicially
created doctrine of obviousness-type double patenting over
claims 1-3, 5, 6, 8, 10, 11, 13 and 15 of Schwartzkopf (U.S.
Patent No. 5,308,745) considered in view of Bhatt is affirmed.
No time period for taking any subsequent action in
connection with this appeal may be extended under 37 CFR
§ 1.136(a).
AFFIRMED
EDWARD C. KIMLIN )
Administrative Patent Judge )
)
)
)
) BOARD OF PATENT
JOHN D. SMITH ) APPEALS
Administrative Patent Judge ) AND
) INTERFERENCES
)
)
)
PETER F. KRATZ )
Administrative Patent Judge )
pfk/vsh
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