Appeal No. 95-3682
Application No. 08/028,916
added as a true solution to dispersions of suspended solids
for the purpose of releasing water therefrom."
The prior art rejections of claims 1 through 10 and 46
are reversed.
We next invite attention to claims 48 through 57.
Inspection reveals that each of these claims depends from a
canceled claim. Manifestly, this is improper and it is
unclear what the claims cover. Where, as here, it is unclear
what subject matter the claims cover, we will not pass on the
merits of the examiner's prior art rejections. The question
of improper dependency has apparently been overlooked by both
applicants and the examiner. Accordingly, we remand this
application to the examiner to address this question and to
take appropriate action.
In conclusion, the rejection of claims 1 through 10 and
46 under 35 U.S.C. § 102 as anticipated by or, in the
alternative, under 35 U.S.C. § 103 as unpatentable over
Flesher is reversed. Respecting claims 48 through 57, which
improperly depend from canceled claims, we remand this
application to the examiner to take appropriate action.
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