Appeal No. 95-0972 Page 24
Application No. 07/650,453
and Manual of Patent Examining Procedure (MPEP) § 706.02(c).
Accordingly, in any further prosecution, the examiner should
consider whether to require the appellant to answer specific
questions posed by the examiner and to explain or supplement
any evidence of record.8
CONCLUSION
To summarize, the decision of the examiner to reject
claims 22 and 24 under 35 U.S.C. § 103 is affirmed; the
decision of the examiner to reject claims 1 through 19, 23 and
25 through 29 under 35 U.S.C. § 103 is reversed; the decision
of the examiner to reject claims 1 through 19 and 22 through
29 under 35 U.S.C.
§ 102(b) is vacated; and a new rejection of claims 1 through
19, 23 and 25 under 35 U.S.C. § 112, second paragraph, has
been added pursuant to provisions of 37 CFR § 1.196(b).
8MPEP §§ 2133.03(a) and 2133.03(e) discuss "public use"
issues.
Page: Previous 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 Next
Last modified: November 3, 2007