Appeal No. 2001-0857 Page 7
Application No. 09/012,166
Conclusion
The rejection of claims 1 through 17 under 35 U.S.C. §
103 as being unpatentable over Liebel in view of De Santis
is reversed.
The rejection of claims 1 through 17 under the
judicially created doctrine of obvious-type double patenting
as being unpatentable over claims 1 through 10 of U.S.
Patent No. 5,977,285 in view of De Santis 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
)
ROMULO H. DELMENDO )
Administrative Patent Judge )
)
)
)
) BOARD OF PATENT
BEVERLY A. PAWLIKOWSKI )
Administrative Patent Judge ) APPEALS AND
)
)
) INTERFERENCES
)
JAMES T. MOORE )
Administrative Patent Judge )
bp/CAM
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