Appeal No. 2003-1192 Page 5
Application No. 09/660,888
Obviousness-type Double Patenting
As noted by the Examiner, Appellants do not contest the rejection under the judicially
created doctrine of obviousness-type double patenting (Answer, p. 9). We, therefore, summarily
affirm with respect to this rejection.
CONCLUSION
To summarize, the decision of the Examiner to reject claims 1-11 and 13-21 under
35 U.S.C. § 103(a) is reversed, but the decision of the Examiner to reject claims 1-11 and 13-21
under the judicially created doctrine of obviousness-type double patenting is summarily
affirmed.
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