Ex Parte AYERST et al - Page 6




          Appeal No. 2000-0272                                                        
          Application No. 08/922,715                                                  

                                      DECISION                                        
               The decision of the examiner rejecting claims 1, 3 through             
          5 and 9 through 13 under 35 U.S.C. § 103 is reversed, and the               
          decision of the examiner rejecting claims 1, 3 through 5 and                
          9 through 13 under the judicially created doctrine of                       
          obviousness-type double patenting is affirmed.  Accordingly, 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                                        



          KENNETH W. HAIRSTON          )                                              
                    Administrative Patent Judge  )                                    
                                                  )                                   
                                                  )                                   
                                                  )  BOARD OF PATENT                  
          PARSHOTAM S. LALL            )   APPEALS AND                                
                    Administrative Patent Judge  )   INTERFERENCES                    
                                                  )                                   
                                                  )                                   
                                                  )                                   
          JOSEPH L. DIXON              )                                              
                    Administrative Patent Judge  )                                    


          KWH:hh                                                                      

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