Appeal No. 2000-0002
Application 08/848,477
) BOARD OF PATENT
) APPEALS
) AND
THOMAS A. WALTZ )
INTERFERENCES
Administrative Patent Judge )
)
AHM/gjh
TIMM, Administrative Patent Judge
concurring-in-part, dissenting-in-part
While I concur in the decision of my colleagues with
regard to the reversal of the rejection under 35 U.S.C. §§ 102
and 103 over McElroy, I dissent from the affirmance of the
rejection made under the judicially created doctrine of
obviousness-type double patenting. For the following reasons,
I would reverse the obviousness-type double patenting
rejection as well.
According to the Examiner, the obviousness-type double
15
Page: Previous 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 Next
Last modified: November 3, 2007