Ex Parte HENDERSON et al - Page 23

                  Appeal No. 1997-1632                                                                                     Page 23                        
                  Application No. 08/138,555                                                                                                              


                           The rejection of claim 80 as under the judicially created doctrine of obviousness-                                             
                  type double patenting over claims 1 and 2 of Larson in view of Tolson and of the claim                                                  
                  under § 103(a), however, are affirmed.  Our affirmance is based only on the arguments                                                   
                  made in the briefs.  Arguments not made therein are neither before us nor at issue but                                                  
                  are considered waived.  No time for taking any action connected with this appeal may                                                    
                  be extended under 37 C.F.R. § 1.136(a).                                                                                                 


                                                              AFFIRMED-IN-PART                                                                            





                                             JAMES D. THOMAS                                       )                                                      
                                             Administrative Patent Judge                           )                                                      
                                                                                                   )                                                      
                                                                                                   )                                                      
                                                                                                   )                                                      
                                                                                                   ) BOARD OF PATENT                                      
                                             JOHN C. MARTIN                                        )     APPEALS                                          
                                             Administrative Patent Judge                           )       AND                                            
                                                                                                   )  INTERFERENCES                                       
                                                                                                   )                                                      
                                                                                                   )                                                      
                                                                                                   )                                                      
                                             LANCE LEONARD BARRY                                   )                                                      
                                             Administrative Patent Judge                           )                                                      










Page:  Previous  10  11  12  13  14  15  16  17  18  19  20  21  22  23  24  Next 

Last modified: November  3, 2007