Ex Parte Gao - Page 9



          Appeal No. 2006-0623                                                        
          Application No. 10/181,859                                                  

               With respect to the obviousness-type double patenting                  
          rejection, the appellant states (the Brief, page 8) that:                   
               The Examiner’s rejection of the claims under the                       
               judicially created doctrine of obviousness-type double                 
               patenting over method claims 8 and 9 of USP 6,734,150 is no            
               longer contested.                                                      
          Thus, we summarily affirm the examiner’s decision rejecting                 
          claims 11 through 14, 16, 17, 19 and 20 under the judicially                
          created doctrine of obviousness-type double patenting as                    
          unpatentable over claims 8 and 9 of U.S. Patent 6,734,150 B2                
          issued to Gao on May 11, 2004.                                              
                                      CONCLUSION                                      
               In view of the foregoing, the decision of the examiner is              
          affirmed.                                                                   












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