Appeal No. 2003-0515
Application 09/296,216
This appeal has the same issues already considered and
decided upon in Appeal No. 2003-0604. We therefore incorporate
our decision in Appeal No. 2003-0604 in its entirety herein. In
view of our decision made in 2003-0604, we reverse each of the 35
U.S.C. § 103 rejections. However, each of the provisional
rejections under the judicially created doctrine of obviousness-
type double patenting 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
Thomas A. Waltz )
Administrative Patent Judge )
)
)
)
Catherine Timm ) BOARD OF PATENT
Administrative Patent Judge ) APPEALS AND
) INTERFERENCES
)
)
Beverly A. Pawlikowski )
Administrative Patent Judge )
BAP/cam
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