Appeal No. 1998-2002
Application 08/690,016
process of the patent would have suggested an apparatus having
the reaction zones, conduits and valves necessary for
practicing this process in accordance with the argued claims
on appeal. Thus, the inchoate record of this appeal, on
balance, weighs most heavily in favor of a conclusion of
obviousness rather than nonobviousness.
In summary, the majority should have remanded this
application to the examiner prior to deciding the double
patenting issue advanced on this appeal, or having failed to
take such action, should have affirmed the examiner’s
obviousness-type double patenting rejection.
BRADLEY R. GARRIS ) BOARD OF
PATENT
Administrative Patent Judge ) APPEALS AND
) INTERFERENCES
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