Ex parte SCHIMMEL - Page 9




                  Appeal No. 1997-3242                                                                                                                    
                  Application 07/929,834                                                                                                                  
                  through 6 and 8 through 10 of copending application 08/249,689.  Appellant does not                                                     
                  dispute the merits of any of these rejections.  See page 4 of the Brief.  As appellant has                                              
                  not argued that the rejections are improper, we affirm them.                                                                            
                                                                  CONCLUSION                                                                              
                           We have reversed the rejection of claims 1 through 14 for lack of enablement, but                                              
                  affirmed the provisional double patenting rejections of claims 1 through 5 and 7 through 14.                                            
                  As a result of our action today, claim 6 is free of rejection.                                                                          
                                                             AFFIRMED-IN PART                                                                             






                                                                                 )                                                                        
                                    William F. Smith                             )                                                                        
                                    Administrative Patent Judge                  )                                                                        
                                                                                 )                                                                        
                                                                                 )                                                                        
                                                                                 ) BOARD OF PATENT                                                        
                                    Toni R. Scheiner                             )                                                                        
                                    Administrative Patent Judge                  )   APPEALS AND                                                          
                                                                                 )                                                                        
                                                                                 ) INTERFERENCES                                                          
                                                                                 )                                                                        
                                    Demetra J. Mills                             )                                                                        
                                    Administrative Patent Judge                  )                                                                        






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