Ex parte UTTERBERG - Page 7




          Appeal No. 2000-1995                                                        
          Application No. 08/850,277                                                  

          to the record, the instant application is a continuation of                 
          Application 08/312,301, filed September 26, 1994, now                       
          abandoned, which was a continuation of Application 08/170,534,              
          filed December 20, 1993, now the U.S. patent in question.  The              
          appellant submitted a terminal disclaimer in parent                         
          Application 08/312,301 in an apparent attempt to obviate any                
          double patenting complication.                                              
                                     SUMMARY                                          
               The decision of the examiner to reject claims 1 through                
          8, 10 through 12 and 14 through 19 is reversed.                             
          REVERSED                                                                    




                         HARRISON E. McCANDLISH, Senior )                             
                         Administrative Patent Judge   )                              
                                                       )                              
                                                       )                              
                                                       )                              
                                                       ) BOARD OF PATENT              
                         IRWIN CHARLES COHEN           )     APPEALS                  
                         Administrative Patent Judge   )       AND                    
                                                       )  INTERFERENCES               
                                                       )                              
                                                       )                              
                                                       )                              
                         JOHN P. McQUADE               )                              
                         Administrative Patent Judge   )                              
          JPM/gjh                                                                     
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