Appeal 97-2805
Application 08/355,712
ORDERED that the examiner's rejection of claims 1-18
as being unpatentable under 35 U.S.C. § 103 over Itoh is
reversed.
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A.
In the parent application a panel of the board reversed a
rejection of claims 1-29 (as presented in the parent
application) over Itoh (copy of prior board opinion attached).
Applicants continued prosecution and the issue of whether
claims 1-18 (as presented in the application on appeal) are
unpatentable over Itoh is again before us.
The brief presented by applicants and the examiner's
answer have been of no assistance in this appeal. Instead, we
have been left to review the record, essentially without help
from either applicants or the examiner. The appeal is Exhibit
1 as to why the board has an unacceptably high backlog.2
We reverse the rejection of claims 1-18 over Itoh because
it does not appear to us that Itoh describes the reaction of
As of the end of November 1999, the ex parte backlog at the board was 83442
appeals. 1230 Off. Gaz. Pat. & Tm. Office 43 (Jan. 11, 2000).
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