Ex Parte WARNES et al - Page 8




          Appeal No. 1997-2023                                                        
          Application No. 08/197,497                                                  


               C.  Other Issues                                                       
               It is noted that related Application No. 08/197,478, Appeal            
          No. 1998-0776, contains a provisional rejection under the                   
          judicially created doctrine of obviousness-type double patenting            
          over the claims of this application.  Upon the return of this               
          application to the jurisdiction of the examiner, the examiner               
          should reconsider whether a provisional obviousness-type double             
          patenting rejection should also be made in this application.  See           
          MPEP, §§ 804(B) and 804.02, 7th ed., July 1998.                             






















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