Appeal No. 2003-1365
Application No. 09/376,659
CONCLUSION
In view of the foregoing, the decision of the Examiner
rejecting claims 1-7, 11-17, 21 and 22 under 35 U.S.C. § 103(a)
is reversed, but is affirmed with respect to the rejection of
claim 10 under 35 U.S.C. § 103(a) and of claims 1-7, 10-17, 21
and 22 under the judicially created doctrine of obviousness-type
double patenting.
No time period for taking any subsequent action in
connection with this appeal may be extended under 37 CFR
§ 1.136(a).
AFFIRMED
KENNETH W. HAIRSTON )
Administrative Patent Judge )
)
)
)
) BOARD OF PATENT
JOSEPH L. DIXON ) APPEALS
Administrative Patent Judge ) AND
) INTERFERENCES
)
)
)
MAHSHID D. SAADAT )
Administrative Patent Judge )
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