Appeal No. 1996-2571
Application 08/119,058
person
having ordinary skill to fat compositions consisting of
glyceride system A and glyceride system B.
On return of this application, the examiner should
reevaluate the patentability of appellant’s claims under 35
U.S.C. § 103, considering the claimed subject matter as a
whole. “[E]very limitation in the claim must be given effect
rather than considering one in isolation from the others.” In
re Geerdes, 491 F.2d 1260, 1262-63, 180 USPQ 789, 791 (CCPA
1974) (emphasis in the original). If the examiner remains of
the opinion that any claim is unpatentable under this section
of the statute, we
recommend that the examiner structure any further § 103
rejection using the model set forth in MPEP § 706.02(j) as
follows:
the examiner should set forth . . . (1) the relevant
teachings of the prior art relied upon . . . (2) the
difference or differences in the claim over the
applied reference(s), (3) the proposed modification
of the applied reference(s) necessary to arrive at
the claimed subject matter, and (4) an explanation
why such proposed modification would have been
obvious to one of ordinary skill in the art at the
13
Page: Previous 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 Next
Last modified: November 3, 2007