Appeal No. 2001-1995
Application 08/646,567
in a form that permits reaching a reasoned decision at this time.
When the Board vacates an examiner's rejection, the rejection
is set aside and no longer exists. Cf. Ex parte Zamborano,
58 USPQ2d 1312, 1313 (BPAI 2001).
There is no statement of any rejection of any claim on
appeal in the answer. Additionally, the answer does not make
reference to the final rejection or any other prior Office action
for a statement of rejection on which to rely. Furthermore, the
top of page 3 of the final rejection merely states that the
rejections previously stated in the last Office action (Paper No.
11), December 10, 1999, were maintained and incorporated by
reference. This practice violates MPEP § 1208 which requires the
examiner to set forth grounds of rejection in the answer or to
directly reference the final rejection or any single prior Office
action.
We are also unconvinced and question whether the examiner
has substantially and procedurally set forth any prima facie case
of anticipation within 35 U.S.C. § 102 of claim 6 and of the
three separately stated rejections of claims 1 and 7-11 under
35 U.S.C. § 103. The responsive arguments portion at pages 4-6
of the answer merely repeats verbatim of a corresponding portion
in paragraphs 8-12 at pages 3-5 of the final rejection. These
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