Appeal 2007-1205
Application 10/501,343
CONCLUSION
The decision of the Examiner to reject claims 1-12 as standing
provisionally rejected under the judicially created doctrine of
obviousness- type double patenting over claims 1-20 of copending
application No. 10/515,345 is affirmed. The Examiner’s rejection of claims
1-5, 7-10, and 12 as standing rejected under 35 U.S.C. § 102(b) as being
anticipated by Gonzales-Blanco and the rejection of claims 6 and 11 under
35 U.S.C. § 103(a) as being unpatentable over Gonzales-Blanco in view of
Nyssen is reversed.
No time period for taking any subsequent action in connection with
this appeal may be extended under 37 C.F.R. § 1.136(a)(1)(iv) (2006).
AFFIRMED
sld/ls
OBLON, SPIVAK, MCCLELLAND, MAIER
& NEUSTADT, P.C.
1940 DUKE STREET
ALEXANDRIA, VA 22314
8
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