Appeal No. 1995-4961
Application No. 29/014,077
CONCLUSION
In view of the foregoing, the examiner’s § 103 rejection is
reversed and this application is remanded to the examiner to
review the prior art discussed above to determine the existence
of a prima facie case of obviousness and, if present, make
adequate factual analyses on the sufficiency of the secondary
evidence of record, including all of the declarations,
testimonies and statements, relied upon by appellant to determine
whether the prima facie case is rebutted.
This application, by virtue of its “special” status requires
an immediate action. Manual of Patent Examining Procedure
§ 708.01 (7th ed., Rev. 1, Feb. 2000). It is important that the
Board be promptly informed of any action affecting the appeal in
this case (e.g., abandonment, issue, reopening prosecution).
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