Appeal No. 2006-2393
Application 10/439,947
claims, as we have interpreted the claims above, to one of ordinary skill in this art within the
meaning of 35 U.S.C. § 103(a).
Accordingly, the examiner is required to take appropriate action consistent with current
examining practice and procedure to consider whether a new ground or grounds of rejection
should be entered on the record based on the above findings for purposes of further prosecution
of the appealed claims, supplying and applying any other applicable prior art with respect to any
or all of grounds as the examiner deems appropriate.
We hereby remand this application to the examiner, via the Office of a Director of the
Technology Center, for appropriate action in view of the above comments.
REVERSED
REMANDED
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