The opinion in support of the decision being entered today was not written for
publication and is not binding precedent of the Board.
Paper No. 49
UNITED STATES PATENT AND TRADEMARK OFFICE
____________
BEFORE THE BOARD OF PATENT APPEALS
AND INTERFERENCES
____________
Ex parte KOICHI KIMURA, TOSHIHIKO OGURA,
HIROAKI AOTSU, and KIICHIRO URABE
____________
Appeal No. 2000-2176
Application No. 08/436,526
____________
Before RUGGIERO, GROSS, and BLANKENSHIP, Administrative Patent Judges.
BLANKENSHIP, Administrative Patent Judge.
ON REQUEST FOR REHEARING
This is in response to appellants’ request for rehearing of our decision mailed
June 28, 2002, where we reversed the rejection of claims 25, 28, 29, 32, 35, and 36
under 35 U.S.C. § 103 but affirmed the provisional rejection of the claims under the
judicially created doctrine of obviousness-type double patenting.1
Appellants’ arguments fail to convince us that we erred in any respect in the
decision. We therefore decline to make any changes therein. However, we remand the
1 Decided concurrently herewith is the request for rehearing in appellants’ co-pending application
No. 08/518,316 (Appeal No. 1999-2840).
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