Appeal No. 1998-1077 Page 11
Application No. 08/458,999
consider an affirmance of the provisional rejection of claims
13 and 15-17 under the judicially created doctrine of
obviousness-type double patenting as being unpatentable over
claims 13-19 of now abandoned application No. 08/445,402.
Accordingly, we procedurally reverse the examiner’s
provisional obviousness-type double patenting rejection.
CONCLUSION
The decision of the examiner to reject claims 13 and 15-
17 under 35 U.S.C. § 112, first paragraph as lacking support
in the original specification; to reject claims 13 and 15-17
under
35 U.S.C. § 103 as being unpatentable over Furukawa; and to
provisionally reject claims 13 and 15-17 under the judicially
created doctrine of obviousness-type double patenting as being
unpatentable over claims 13-19 of application No. 08/445,402
is reversed.
REVERSED
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