Appeal No. 2001-0313
Application 09/033,874
The decision of the examiner to reject independent claims
26, 28, 32, 34, 40, 45 and 48, and claims 2, 8, 9, 11, 16, 24,
27, 29 through 31, 33, 36, 39, 41, 42, 44, 46 and 47 as they
depend therefrom, under 35 U.S.C. § 103 is reversed.
In addition to our determinations above, we REMAND this
application to the examiner to consider the following issues:
A) Whether the disclosure of Arnhold (at column 6,
particularly, col. 6, lines 46-52) anticipates or renders obvious
the method as set forth in claim 48 on appeal;
B) For the examiner to provide appropriate reference
evidence or other prior art to teach or suggest the missing
method steps noted above in claims 26, 28, 32, 34, 40 and 45 on
appeal, and to articulate an appropriate motivation or suggestion
for modifying the method of Arnhold to include any such steps;
and
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