Appeal No. 1998-1283
Application No. 08/449,731
issued patent to determine whether double patenting issues relative to the presently pending
claims are applicable. Should the examiner determine that there is proper basis for rejecting
one or more of the claims of this application, the examiner should issue an appropriate Office
action explaining the basis of the rejection and provide appellants with the appropriate
opportunity to response thereto.
Summary
The rejection of claims 19, 20, 52, 53, and 64 under 35 U.S.C. § 112, first paragraph
is reversed. The rejection of claim 64 under 35 U.S.C. § 101 and the rejection of claims 19,
20, 52, and 53 under the judicially created doctrine of obviousness-type double patenting are
dismissed.
REVERSED
SHERMAN D. WINTERS )
Administrative Patent Judge )
)
)
) BOARD OF PATENT
DOUGLAS W. ROBINSON)
Administrative Patent Judge ) APPEALS AND
)
) INTERFERENCES
)
DEMETRA J. MILLS )
Administrative Patent Judge )
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