Ex Parte Anelli et al - Page 11


               Appeal No. 2006-2378                                                                          Page 11                   
               Application No. 10/433,388                                                                                              

               from claims 1-8, which includes claim 7.  Claim 7 is a multiple dependent claim.  Thus,                                 
               multiple dependent claims 9-11 improperly depend from multiple dependent claim 7.                                       
                       On return of this application, the examiner and Appellants should take                                          
               appropriate steps to ensure that the claims comply with 37 CFR § 1.75(c).                                               
                                                             Summary                                                                   
                       Because the examiner did not provide a fact-based explanation as to why the                                     
               prior art would have suggested the claimed process to one of ordinary skill in the art, we                              
               reverse the appealed obviousness rejection.                                                                             


                                                            REVERSED                                                                   




                                       Donald E. Adams   )                                                                             
                                       Administrative Patent Judge )                                                                   
                                                                               )                                                       
                                                                               )                                                       
                                                                               ) BOARD OF PATENT                                       
                                       Demetra J. Mills   )                                                                            
                                       Administrative Patent Judge )   APPEALS AND                                                     
                                                                               )                                                       
                                                                               ) INTERFERENCES                                         
                                                                               )                                                       
                                       Eric Grimes    )                                                                                
                                       Administrative Patent Judge )                                                                   





               EG/dm                                                                                                                   







Page:  Previous  1  2  3  4  5  6  7  8  9  10  11  12  Next 

Last modified: November 3, 2007