Appeal No. 1999-2776
Application No. 08/714,249
35 U.S.C. § 103(a) is reversed. However, the decision to
reject claims 1, 2, 7 and 8 under the judicially created
doctrine of obviousness-type double patenting as being
unpatentable over claims 1 and 5 of U.S. Patent No. 5,620,351
is affirmed. Accordingly, the decision of the examiner is
affirmed-in-part.
No period For taking any subsequent action in connection
with this appeal may be extended under 37 C.F.R. § 1.136(a).
AFFIRMED-IN-PART
IRWIN CHARLES COHEN )
Administrative Patent Judge )
)
)
) BOARD OF PATENT
CHARLES E. FRANKFORT ) APPEALS AND
Administrative Patent Judge ) INTERFERENCES
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