Ex Parte Toussaint - Page 8




          Appeal No. 2003-0125                                                        
          Application No. 09/722,529                                                  


          be submitted in this application.  In light of the above, the               
          obviousness-type double patenting rejection is no longer before             
          us for review.                                                              


               In summary, this panel of the board has reversed the                   
          anticipation and obviousness rejections on appeal.                          


               The decision of the examiner is reversed.                              


                                   REVERSED                                           





                         IRWIN CHARLES COHEN           )                              
                         Administrative Patent Judge   )                              
                                                       )                              
                                                       )                              
                                                       )                              
                                                       ) BOARD OF PATENT              
                         LAWRENCE J. STAAB             )     APPEALS                  
                         Administrative Patent Judge   )       AND                    
                                                       )  INTERFERENCES               
                                                       )                              
                                                       )                              
                                                       )                              
                         JEFFREY V. NASE               )                              
                         Administrative Patent Judge   )                              
          ICC:pgg                                                                     

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