Appeal 97-2805
Application 08/355,712
product of the reaction of (1), (2) and (3) always involves a
reaction of a salt. Claims 1-18 require an acid.
B.
In the prior board opinion, the panel made a new ground
of rejection of then claims 1-29 under 37 CFR § 1.196(b).
Facially, the new ground of rejection is equally
applicable to claims 1-18 currently on appeal.
In making the new ground of rejection, the panel relied
on and cited certain evidence; it also suggested that a
further search and/or interrogatories to applicants might be
appropriate. Insofar as we can tell, however, neither
the examiner nor applicants have addressed the new ground of
rejection. On this record, therefore, the issues raised by
the new ground of still need to be taken up for action. At a
minimum, the examiner should state on the record the reasons
why it is believed the new ground of rejection should not be
made as to claims 1-18 on appeal.
REVERSED.
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Last modified: November 3, 2007