Appeal No. 1998-2107
Application No. 08/137,624
We find no indication that the examiner considered appellants’ arguments or
reweighed the entire merits of the matter in response to appellants’ rebuttal. The
examiner’s list of conclusory statements in the Supplemental Examiner’s Answer13
also fails to address appellants’ original response. Accordingly we vacate the
rejection of claims 30-37 under 35 U.S.C. § 103 over Kohl in view of Ellis and we
remand the application to the examiner. Upon return of the application, the
examiner should take a step back and reevaluate this record in full. If, after a full
review of this record and the relevant prior art, the examiner finds that a rejection is
appropriate, the examiner should issue an appropriate Office action setting forth
such a rejection, using the proper legal standards and clearly setting for the facts
relied upon in support of such a rejection.
13 Paper No. 23, mailed February 27, 1998.
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