Appeal No. 1997-1560
Application 08/257,813
differences, a same invention double patenting rejection1
under 35 U.S.C. § 101 is improper, and is reversed.
DECISION
The decision of the examiner rejecting claims 18 through
22 under the second paragraph of 35 U.S.C. § 112 is reversed.
The decision of the examiner rejecting claims 18 through 24
under the
first paragraph of 35 U.S.C. § 112 is reversed. The decision
of
the examiner rejecting claims 18 through 24 under 35 U.S.C. §
101 is reversed.
REVERSED
It appears that a judicially-created, obvious-type double patenting rejection1
would have been more appropriate.
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