Appeal No. 1996-2253 Page 8 Application No. 08/199,907 conditions under which the product is made are substantially identical, the evidence will support a prima facie case of unpatentability under 35 U.S. C. � 102/103. In re Spada, 911 Fd. 705, 708, 15 USPQ2d 1655, 1658 (Fed. Cir. 1990). Because the examiner did not separately analyze the patentability of the product-by-process claims using the above outlined legal analysis, we find that the issues, as presented, do not permit a meaningful review of these claims. Therefore, we remand the application to the examiner for a determination of the patentability of the product-by-process claims and a proper development of the issues. CONCLUSION To summarize, the decision of the examiner to reject claims 1, 3-17, and 20-23 under 35 U.S.C. � 103 is reversed and the application is remanded to the examiner.Page: Previous 1 2 3 4 5 6 7 8 9 10 11 NextLast modified: November 3, 2007