Appeal No. 2000-1314 Page 9
Application No. 09/109,279
35 U.S.C. § 103 that the decision of the examiner to reject
claims 10 to 12, 18 and 22 to 27 under 35 U.S.C. § 103 is
likewise reversed since this rejection was based on the
species shown in Figures 1-10 and 12 and claimed in claims 1
to 9, 13 to 17, 19 to 21 and 28 to 30 being unpatentable.
REMAND
We remand this application to the examiner for further
consideration of claims 22 to 24. Specifically, the examiner
should determine if claims 22 to 24 are anticipated by
Gutentag and if not whether any difference(s) would have been
obvious at the time the invention was made to a person of
ordinary skill in the art from the teachings of Gutentag and
any other prior art of record.
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