Ex parte SLAVTCHEFF - Page 7




              Appeal No. 95-3981                                                                                       
              Application 08/099,880                                                                                   



                     Upon return of the application, the examiner should determine the proper scope                    
              of all of the pending claims .  At that point in time, the examiner should take a step back              
              and ensure that the full scope of the claimed subject matter has been properly                           
              searched and evaluated.                                                                                  
                     In summary, we reverse the rejection under 35 U.S.C. § 103 and remand the                         
              application to the examiner for further consideration.                                                   
                                           REVERSED and REMANDED                                                       







                            Bruce H. Stoner, Jr., Chief               )                                                
                            Administrative Patent Judge               )                                                
                                                                      )                                                
                                                                      )                                                
                                                                      )   BOARD OF PATENT                              
                            Sherman D. Winters                        )     APPEALS AND                                
                            Administrative Patent Judge               )    INTERFERENCES                               
                                                                      )                                                
                                                                      )                                                
                                                                      )                                                
                            William F. Smith                          )                                                
                            Administrative Patent Judge               )                                                





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