Ex parte HO - Page 5




          Appeal No. 1999-2776                                                        
          Application No. 08/714,249                                                  


          and 8 based on obviousness-type double patenting that a                     
          terminal disclaimer will be filed once all other grounds of                 
          rejection have been resolved.  Given that no such terminal                  
          disclaimer has been filed by appellant and no argument made                 
          with respect to this ground of rejection, we summarily sustain              
          the examiner’s rejection of claims 1, 2, 7 and 8 based on                   
          obviousness-type double patenting.                                          

























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