Appeal No. 1999-0404 Page 28
Application No. 08/580,256
We remand the application to the examiner for further
consideration of the patentability of claims 2 to 6 and 10 to
14 under 35 U.S.C. § 103. Specifically, the examiner should
determine whether any value within the claimed ranges would
have been obvious at the time the invention was made to a
person having ordinary skill in the art from the teachings of
Chiang.6
CONCLUSION
To summarize, the decision of the examiner to reject
claim 1 under 35 U.S.C. § 102 is affirmed; the decision of the
examiner to reject claims 2 to 6 under 35 U.S.C. § 102 is
reversed; the decision of the examiner to reject claim 9 under
35 U.S.C. § 103 is affirmed; and the decision of the examiner
to reject claims 7, 8 and 10 to 16 under 35 U.S.C. § 103 is
reversed. In addition, this application has been remanded to
the examiner for further consideration.
6In making this determination the examiner should review
Manual of Patent Examining Procedure (MPEP) § 2144.05.
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