Appeal No. 2003-0529
Application No. 09/213,045
Remand Order
Upon return of this application to the examiner’s
jurisdiction, the appellants and the examiner should analyze
whether one of ordinary skill in the art would have considered
the subject matter of the appealed claims to have been obvious
over Wixon, alone or in combination with other prior art, within
the meaning of 35 U.S.C. § 103.
In addition, the appellants and the examiner should
consider whether there is adequate written description in the
original specification for the subject matter of appealed claim
7, which was added by amendment on Mar. 28, 2001 (paper 19).
Specifically, we note that appealed claim 7 recites: “wherein
transparent bottle has light transmittance of greater than 25%
at wavelength of about 410-8000 nm.” (Emphasis added.)
7
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