Ex parte BERTUS et al. - Page 11




          Appeal No. 1999-2548                                                        
          Application No. 08/648,236                                                  

          reducing atmosphere comprising hydrogen and/or carbon                       
          monoxide).                                                                  
               In light of the foregoing, we cannot sustain the                       
          examiner’s section 103 rejection of all appealed claims as                  
          being unpatentable over Corneil in view of Suggitt, Cimbalo,                
          Bertus, Readal and Japanese ‘406.                                           
               In summary, we have sustained only the provisional                     
          rejection of all appealed claims based on obviousness-type                  
          double patenting and the section 103 rejection of claims 35                 
          through 39 and 41 through 45 as being unpatentable over                     
          Suggitt in view of Bertus, Readal and Japanese ‘406.  All                   
          other rejections advanced by the examiner on this appeal have               
          been reversed.                                                              
               The decision of the examiner is affirmed.                              













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