Appeal No. 2001-1779 Application No. 09/398,898 up for action, the examiner should consider whether claim 2 should be rejected under the judicially created doctrine of obviousness-type double patenting over the claims of the patented parent case. REVERSED WILLIAM F. SMITH ) Administrative Patent Judge ) ) ) ) BOARD OF PATENT TONI SCHEINER ) Administrative Patent Judge ) APPEALS AND ) ) INTERFERENCES ) ERIC GRIMES ) Administrative Patent Judge ) 10Page: Previous 1 2 3 4 5 6 7 8 9 10 11 NextLast modified: November 3, 2007