Appeal No. 1998-2971
Application No. 08/690,274
overcome the provisional rejection under the judicially
created doctrine of double patenting is misplaced in view of
the clear requirement of 37 CFR 1.321(c)(3) for common
ownership of any patents granted on the applications.” We
agree with the examiner’s reasoning. Thus, the provisional
rejection of claims 1 through 9 under the judicially created
doctrine of double patenting is sustained.
DECISION
The decision of the examiner rejecting claims 1 through
9 under 35 U.S.C. § 102(b) is affirmed as to claims 1 through
4 and 7 through 9, and is reversed as to claims 5 and 6. The
decision of the examiner provisionally rejecting claims 1
through 9 under the judicially created doctrine of double
patenting is affirmed. Accordingly, the decision of the
examiner is affirmed.
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