Appeal No. 2001-0096
Application 09/301,891
This argument overlooks the essence of the rejection. Alston is a secondary
reference and not utilized in the rejection for the points made by the Appellant.
Accordingly, we are not persuaded by this argument and find no error of law by
the Examiner.
The examiner’s decision, rejecting claims 13 through 17 as unpate ntable for
obviousness-type double patenting is affirmed.
No time period for taking any subsequent action in connection with this appeal
may be extended under 37 C.F.R. 1.136(a).
AFFIRMED
)
WILLIAM F. SMITH )
Administrative Patent Judge )
)
)
) BOARD OF PATENT
BRADLEY R. GARRIS )
Administrative Patent Judge ) APPEALS AND
)
)
) INTERFERENCES
JAMES T. MOORE )
Administrative Patent Judge )
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