Ex parte MURRER et al. - Page 21




          Appeal No. 95-2603                                                          
          Application 07/915,871                                                      
















          McKelvey, Senior Administrative Patent Judge, concurring.                   

               I concur fully with, and have signed, the opinion of the               
          merits panel.  I write separately to place on the record a                  
          recurring problem faced by the Board of Patent Appeals and                  
          Interferences in resolving ex parte appeals which come before               
          it.  The recurring problem is the citation and reliance by                  
          examiners on abstracts, without citation and reliance on the                
          underlying scientific article.                                              
               At the conclusion of Fiscal Year 1997, the board had an                
          ex parte backlog of about 9200 ex parte appeals.  It thus                   
          becomes imperative for the efficient administration of justice              
          with respect to ex parte appeals before this board that the                 

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