Ex Parte CHEN et al - Page 15




             Appeal No. 1997-3729                                                                    15              
             Application No. 08/362,107                                                                              


             the results on Table IV is not persuasive for the same reasons stated supra in regard to our            
             discussion of the rejection under § 103(a).  Accordingly, the rejection of the examiner is              
             sustained.                                                                                              
             DECISION                                                                                                

             The rejection of claims 1, 2, 6 through 13 and 17 through under 35 U.S.C.                               
             § 103(a) as being unpatentable over Takada in view of Lok, Fuji, MacIntyre or Shuto is                  
             affirmed.                                                                                               
             The rejection of claims 1, 2,  6 through 13 and 17 through 23 under the judicially                      
             created doctrine of obviousness-type double patenting as being unpatentable over  the                   
             claims of U. S. Patent Nos. 5,726,005 and 5,736,310 in view of Lok, Fuji, MacIntyre or                  
             Shuto is affirmed.                                                                                      


             The decision of the examiner 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                                                         











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