Appeal No. 95-2603
Application 07/915,871
know whether the examiner or the appellants had and reviewed
the underlying articles abstracted in the abstracts upon which
the examiner has relied. The board cannot examine, in the
first instance, all applications which come before us in an ex
parte appeal under 35 U.S.C. § 134. In this particular
appeal, we have elected not expend board resources to obtain a
copy of the abstracts relied upon by the examiner. Hence, the
file wrapper of this particular patent application should
clearly reflect the fact that we did not consider the
underlying scientific article of the abstracts relied upon by
the examiner in making the rejections which the merits panel
now reverses.
In the future, it will be my general practice to vote to
vacate and remand any rejection by an examiner which is based
solely on abstracts without any reliance on the underlying
article.
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