Ex Parte LUBOWITZ et al - Page 5


          Appeal No. 1999-1335                                                       
          Application No. 08/463,437                                                 


               For these reasons and those set forth in the answer, we               
          affirm the examiner’s rejection under the judicially created               
          doctrine of obviousness-type double patenting of claims 47                 
          through 57, 64 through 66, and 68 through 71 as unpatentable over          
          claims 1 through 14 of the '233 patent.                                    
               The decision of the examiner is affirmed.                             




















               No time period for taking any subsequent action in                    
          connection with this appeal may be extended under 37 CFR                   
          § 1.136(a).                                                                
                                      AFFIRMED                                       








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