Appeal No. 98-0588
Application 08/501,293
Conclusion
The rejection of claims 21, 37 and 40 under 35 U.S.C.
§ 102(e) as being anticipated by Reddersen is reversed. The
rejection of claims 21, 24-37, 39 and 40 under 35 U.S.C. § 103
over Reddersen in view of Tymes, Tremmel, Moellering and
Shepard is affirmed. The rejection of claims 22, 23 and 38
under 35 U.S.C. § 103 over Reddersen in view of Tymes,
Tremmel, Moellering and Shepard is reversed.
The case is remanded to the examiner for a clearer
statement of the outstanding rejection of claims 22-36, 38 and
39 over Reddersen in view of “the prior art of record in the
parent.” The examiner should consider, in light of this
opinion, whether to maintain this rejection. If, upon
consideration of our opinion, the examiner decides to maintain
the rejection, the examiner should make clear the ground of
rejection as well as the rationale for the rejection.
AFFIRMED-IN-PART and REMANDED
FRED E. McKELVEY, Senior )
Administrative Patent Judge )
)
)
) BOARD OF PATENT
RICHARD SCHAFER ) APPEALS AND
Administrative Patent Judge ) INTERFERENCES
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