Appeal No. 95-3313
Application 08/134,851
consistent with instructions in In re Thorpe, supra, and In re
Best, supra, and, if the examiner holds that a prima facie
case of unpatentability exists, to thoroughly consider all the
evidence of record favoring patentability.
Conclusion
We reverse the examiner’s rejection of Claims 9 and 11-15
under 35 U.S.C. § 103 in view of Whitlock’s teaching.
We remand the case to the examiner for consideration of
issues of patentability under 35 U.S.C. § 102 and/or 103 in
light of precedent cited herein.
This application, by virtue of its "special" status,
requires an immediate action. Manual of Patent Examining
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