Appeal No. 2001-1553 Page 13
Application No. 09/224,757
CONCLUSION
To summarize, the decision of the examiner to reject claim 10 under the judicially
created doctrine of double patenting and claims 25, 26 and 31 under the first paragraph
of 35 U.S.C. § 112 is affirmed and the examiner’s decision to reject claim 21 under 35
U.S.C. § 102 and claim 10 under 35 U.S.C. § 103 is reversed. The examiner’s decision
is affirmed-in-part.
No time period for taking any subsequent action in connection with this appeal
may be extended under 37 CFR § 1.136(a).
AFFIRMED-IN-PART
JOHN P. McQUADE )
Administrative Patent Judge )
)
)
)
) BOARD OF PATENT
JEFFREY V. NASE ) APPEALS
Administrative Patent Judge ) AND
) INTERFERENCES
)
)
)
JENNIFER D. BAHR )
Administrative Patent Judge )
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