Appeal 2006-3252
Application 09/536,728
1 waived its right to further consideration in this application of claims 21-24,
2 30-33, 39-50, 55-65 and 71-72.
3 A second remand was ordered by the panel. Ex parte Esser,
4 Appeal 2005-0393 (Bd. Pat. App. & Int. Nov. 30, 2005).
5 The Examiner filed a response to the second remand. See
6 Supplemental Examiner's Answer, entered 12 December 2005.
7 In the Supplemental Examiner's Answer, the Examiner addresses the
8 rejection under 35 U.S.C. § 103(a) over Stähle (U.S. Patent 4,213,995). The
9 Examiner also advised the Board—correctly—that the panel had not decided
10 the rejection based on Stähle (EP 0 012 822). At this point, however, Esser
11 is no longer pursuing any claim rejected over Stähle (EP 0 012 288).
12 Accordingly, the rejection based on Stähle (EP 0 012 822) is moot and need
13 not be reached.
14 As a result of the prosecution history in this appeal, only claims 26
15 and 73-81 are now involved in the appeal.
16 The following prior art was upon by the Examiner.
17
18 Name Patent Number Issue Date
19 Stähle EP 0 012 822 09 July 1980
20 Stähle US 4,213,995 22 Jul. 1980
21 Olson US 4,287,201 01 Sep. 1981
22 York US 4,461,904 24 Jul. 1984
23
4
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