Appeal No. 2001-0337 Page 5
Application No. 29/091,083
patent to be issued, and we see no reason for holding the
appealed design claim to be unpatentable under the enablement
requirement of the 35 U.S.C. § 112, first paragraph.
Accordingly, the decision of the examiner to reject the design
claim under 35 U.S.C. § 112, first paragraph, is reversed.
REMAND
We remand this application to the examiner to determine
whether or not the design claim should be rejected under the
judicially created doctrine of double patenting over the
appellants' Patent No. Des. 408,828, issued April 27, 1999.
CONCLUSION
To summarize, the decision of the examiner to reject the
design claim under 35 U.S.C. § 112, first paragraph, is
reversed.
This application, by virtue of its "special" status,
requires immediate action, see MPEP § 708.01.
REVERSED; REMANDED
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