Ex Parte Wollenberg et al - Page 13


                   Appeal No. 2007-0495                                                                                             
                   Application No. 10/699,510                                                                                       

                           The appellants have not shown that the examiner erred in holding that the subject                        
                   matter of claims 1, 13, and 14 would have been obvious over the subject matter of claims                         
                   20, 22, and 23 of copending Application 10/699,529.                                                              
                                                               DECISION                                                             
                           The rejection of claims 1 to 4 and 6 to 22 under 35 U.S.C. § 103(a) as being                             
                   unpatentable over Kolosov et al. is affirmed.  The rejection of claims 5 and 23 to 37                            
                   under 35 U.S.C. § 103(a) as being unpatentable over the combination of Kolosov et al.                            
                   and Shtein et al. is affirmed.  The rejection of claims 1, 13, and 14 under the judicially                       
                   created doctrine of obviousness-type double patenting as being unpatentable over claims                          
                   20, 22, and 23 of copending Application 10/699,529 is affirmed.                                                  
                           No time period for taking any subsequent action in connection with this appeal                           
                   may be extended under 35 U.S.C. § 1.136(a).                                                                      


                                                               AFFIRMED                                                             


                                          /FRED E. McKELVEY/                     )                                                  
                                          Administrative Patent Judge            )                                                  
                                                                                 )                                                  
                                                                                 ) BOARD OF PATENT                                  
                                          /ADRIENE LEPIANE HANLON/ )                                                                
                                          Administrative Patent Judge            ) APPEALS AND                                      
                                                                                 )                                                  
                                                                                 ) INTERFERENCES                                    
                                          /MICHAEL P. TIERNEY/                   )                                                  
                                          Administrative Patent Judge            )                                                  



                   ALH/yrt                                                                                                          

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