Appeal No. 1998-0225
Application No. 08/503,817
“magnetic impedance element.” However, again, the examiner’s answer never explored
this possibility and we have insufficient evidence and/or input from both the examiner and
appellants in order to make an informed decision as to whether a new ground of rejection
might be feasible.
Accordingly, we will leave it to appellants and the examiner as to whether further
prosecution and/or explanation is deemed necessary. We, however, decline to institute a
new ground of rejection under 37 CFR 1.196(b) and we make our decision solely on the
propriety of the examiner’s rejection which is before us. Because that rejection was
flawed, for reasons indicated supra, we will not sustain the examiner’s rejection of claims 2
and 4-14 under 35 U.S.C. § 103.
The examiner’s decision is reversed.
REVERSED
JAMES D. THOMAS )
Administrative Patent Judge )
)
)
) BOARD OF PATENT
ERROL A. KRASS ) APPEALS AND
Administrative Patent Judge ) INTERFERENCES
)
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