Ex parte LUDWIG et al. - Page 8




                  Appeal No. 1997-0160                                                                                                                    
                  Application No. 08/073,985                                                                                                              


                  confirmed the nonentry of the proposed amendments to claims 4, 15 and 24 in the answer                                                  
                  (Paper No. 52, pp. 2-3, § 8).  By failing to respond to § 8 in the answer, appellants have                                              
                  acquiesced that claims 4, 15 and 24 are as stated in the answer.                                                                        
                                                                  CONCLUSION                                                                              
                           To summarize, the decision of the examiner to reject claims 2 and 4-24 under                                                   
                  35 U.S.C. § 103 as being unpatentable over Mullis in view of Hogan and Frohman is                                                       
                  reversed.                                                                                                                               
                                                                    REVERSED                                                                              






                                             SHERMAN D. WINTERS                                    )                                                      
                                             Administrative Patent Judge                           )                                                      
                                                                                                   )                                                      
                                                                                                   )                                                      
                                                                                                   )                                                      
                                                                                                   ) BOARD OF PATENT                                      
                                             WILLIAM F. SMITH                                      )         APPEALS                                      
                                             Administrative Patent Judge                           )            AND                                       
                                                                                                   )  INTERFERENCES                                       
                                                                                                   )                                                      
                                                                                                   )                                                      
                                                                                                   )                                                      
                                             CAROL A. SPIEGEL                                      )                                                      
                                             Administrative Patent Judge                           )                                                      



                                                                          - 8 -                                                                           





Page:  Previous  1  2  3  4  5  6  7  8  9  10  11  Next 

Last modified: November 3, 2007