Ex parte DOMB et al. - Page 5




             Appeal No. 96-1948                                                                                
             Application 07/995,952                                                                            



                   Upon return of the application, the examiner should reconsider the rejection under          
             35 U.S.C. § 112, second paragraph, taking into account the correct legal standard.  If the        
             rejection is maintained, the examiner should restate the rejection and indicate in a specific     
             manner why one skilled in the art can not reasonably ascertain the scope of the claims on         
             appeal taking into account the supporting specification and relevant prior art.                   
                   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.                                                                
                                                 REMANDED                                                      


                          Sherman D. Winters              )                                                    
                          Administrative Patent Judge            )                                             
                                                                 )                                             
                                                                 )                                             
                                                                 )   BOARD OF PATENT                           
                          William F. Smith                       )     APPEALS AND                             
                          Administrative Patent Judge            )    INTERFERENCES                            
                                                                 )                                             
                                                                 )                                             
                                                                 )                                             
                          Teddy S. Gron                          )                                             
                          Administrative Patent Judge            )                                             
             Patrea L. Pabst                                                                                   
             Arnall, Golden & Gregory                                                                          
             2800 One Atlantic Center                                                                          
             1201 West Peachtree Street                                                                        

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