Appeal No. 95-2440
Application 07/705,726
Brief arguing for the first time the limitations of certain
dependent claims, the examiner allowed entry of the Reply
Brief but stated that no response was necessary. As indicated
supra, we reverse the rejection to the extent it applies to
claims 46 and its dependent claims. With respect to the
rejection of claims 77 through 98 under 35 U.S.C. § 103, we
cannot review it meaningfully inasmuch as the examiner did not
provide any basis for rejecting these claims.
Upon return of this application, the examiner is to
consider the entire merits of the § 103 rejection of claims 77
through 98. The examiner should review the prior art
references and the claims at issue to determine whether a §
103 rejection is warranted. If warranted, the examiner need
to make appropriate findings of fact and appropriate analyses.
This application, by virtue of its “special” status,
requires an immediate action, MPEP 708.01(d). It is important
that the Board be informed promptly of any action affecting
the appeal in this case.
Appellants are advised that the effective date of our
affirmance is suspended or tolled until conclusion of
prosecution before the examiner on remand. This will preserve
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