Ex parte EFSTATHIO - Page 6




          Appeal No. 98-1858                                                          
          Application 08/678,196                                                      



          appellant's invention it was unknown to preserve or "fix" a                 
          complete marine mammal heart.  It would seem prudent for the                
          examiner and appellant to evaluate the scope of claims 18                   
          through 20 in this light.  The present application is hereby                
          REMANDED to the examiner for that purpose.                                  


                    For the foregoing reasons, the decision of the                    
          examiner rejecting claims 1 through 20 under 35 U.S.C. § 103                
          based on the collective teachings of Ross and Cumming is                    
          reversed.                                                                   


                                REVERSED and REMANDED                                 




                         IAN A. CALVERT               )                               
                         Administrative Patent Judge  )                               
                                                       )                              
                                                       )                              
                                                       )   BOARD OF                   
          PATENT                                                                      
                         IRWIN CHARLES COHEN          )     APPEALS AND               
                         Administrative Patent Judge  )    INTERFER-                  
          ENCES                                                                       
                                                       )                              
                                                       )                              
                                                       )                              
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