Appeal No. 1998-2768
Application No. 08/520,802
under 35 U.S.C. § 103 will not be sustained. It follows that
the decision of the examiner is reversed.
In addition to the foregoing, we find it necessary to
REMAND this application to the examiner for a decision on the
record as to whether or not a rejection of claim 41 on appeal
would be appropriate based on any of the patents belatedly
cited by the examiner in the Advisory action mailed June 25,
1997 (Paper No. 16). The Rawcliffe patent (No. 4,944,288) and
patent to Bond et al. (No. 5,078,152) would appear to have
particular relevance to appellants’ claimed subject matter.
REVERSED AND REMANDED
NEAL E. ABRAMS )
Administrative Patent Judge )
)
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) BOARD OF PATENT
CHARLES E. FRANKFORT ) APPEALS AND
Administrative Patent Judge ) INTERFERENCES
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)
JEFFREY V. NASE )
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