Appeal No. 96-1225
Application 08/107,696
Rejection under 35 U.S.C. § 103
Because the examiner has not applied any of the
references or combination thereof to the subject matter of any
claim as a whole, we reverse the rejection under 35 U.S.C.
§ 103. See Manual of Patent Examining Procedure § 706.02(j)
(7th ed., July 1998).
New grounds of rejection under 37 CFR § 1.196(b)
Under the provisions of 37 CFR § 1.196(b), we enter the
following new grounds of rejection.
Claim 1 is rejected under 35 U.S.C. § 102(b) as being
anticipated by JP ‘189.
During patent prosecution, claims are to be given their
broadest reasonable interpretation consistent with the
specification, and the claim language is to be read in light
of the specification and prior art, as it would be interpreted
by one of ordinary skill in the art. See In re Zletz, 893
F.2d 319, 321, 13 USPQ2d 1320, 1322 (Fed. Cir. 1989); In re
Sneed, 710 F.2d 1544, 1548, 218 USPQ 385, 388 (Fed. Cir.
1983); In re Okuzawa, 537 F.2d 545, 548, 190 USPQ 464, 466
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