Ex parte NG et al. - Page 13




          Appeal No. 1997-1416                                                        
          Application 08/277,386                                                      


          112 is                                                                      


          affirmed as to claims 18-29 but is reversed as to claims 17                 
          and 45-57, and the rejection of the appealed claims based on                
          double                                                                      
          patenting is affirmed.  Accordingly, the decision of the                    
          examiner rejecting claims 17-29 and 45-57 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                                                                    





                         JERRY SMITH                   )                              
                         Administrative Patent Judge   )                              
                                                      )                              
                                                      )                              
                                                      )                              
                         LEE E. BARRETT                     )  BOARD OF               
          PATENT                                                                      
                         Administrative Patent Judge   )  APPEALS AND                 
                                                      )  INTERFERENCES               
                                                      )                              
                                                      )                              
                         MICHAEL R. FLEMING            )                              
                         Administrative Patent Judge   )                              
                                        -13-                                          





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