Appeal No. 95-3220
Application 08/112,986
REMAND
It is apparent that the prior art has not been fully considered by the examiner. In the
case before us, the examiner has relied on the disclosure of a translation of the abstract of
Japanese Kokai Patent application 61-207462 [Susuki], only. As we discussed in
footnote 2, above, the abstract may or may not be available as prior art against the
appellants’ claims. Although the referenced patent application was of record in the file,
the examiner never bothered to obtain a certified translation thereof. This we have done,
and a copy of the translation is attached to this decision. We note that there appears to be
pertinent disclosure in the translation which does not appear in the abstract. We direct
attention to the teachings on pp. 4-5 of Suzuki which indicate that the amino or amide
group in the polyarylene sulfide can be introduced by the copolymer components such as
“a carboxylic acid group or a metal salt of a carboxylic acid.” Accordingly, we remand this
application to the examiner for consideration of the patentablility of the claimed invention in
view of the certified translation of the full-length Suzuki document.
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