Appeal 2007-0511 Application 10/699,508 1 The provisional rejection of claims 1-3, 10-18, 22, and 23 under the 2 judicially created doctrine of obviousness-type double patenting as being 3 unpatentable over claims 1, 2, 13-17, 20, 22, 34-37, 39-42, 44, and 45 of 4 copending Application 10/699,507 is affirmed. 5 The provisional rejection of claims 1, 3, 15, 17, and 22 under the 6 judicially created doctrine of obviousness-type double patenting as being 7 unpatentable over claims 1, 13, 19-22, and 33-35 of copending Application 8 10/699,509 is affirmed. 9 No time period for taking any subsequent action in connection with 10 this appeal may be extended under 37 C.F.R. § 1.136(a). 11 12 AFFIRMED cc (via U.S. Mail): Michael E. Carmen, Esq. M. CARMEN & ASSOCIATES, PLLC 170 Old Country Road Suite 400 Mineola, NY 11051 27Page: Previous 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27
Last modified: September 9, 2013