Appeal No. 2000-1666
Application 08/754,245
rejections. Unfortunately, the problem has arisen that
Application No. 08/940,859 was issued as U.S. Patent No.
6,145,231 on Nov. 14, 2000. Thus, one or more of the
examiner’s obviousness-type double patenting rejections
involving this application may no longer be valid and, at the
very least, the double patenting rejections based thereon will
no longer be provisional. Neither appellant or the examiner
has addressed either of these issues. Accordingly, we REMAND
this application back to the examiner for consideration of the
obviousness-type double patenting rejections now that the
application (08/940,859) relied upon therein has issued as a
U.S. patent.
As for the provisional double patenting rejection of
claims 40 through 49 and 53 of the present application based
on claims of copending Application No. 08/752,529, given the
lack of any responsive argument from appellant and the fact
that appellant has already filed a terminal disclaimer
addressing this rejection (not yet processed), we believe it
appropriate to summarily sustain this rejection.
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