Appeal No. 1998-0616
Application No. 08/614,347
The § 103(a) rejection
Since Morishima does not cure the above noted
deficiencies of Matt with respect to the subject matter
recited in independent
claim 1, we also shall not sustain the standing 35 U.S.C.
§ 103(a) rejection of dependent claims 3 through 5.
REMAND TO THE EXAMINER
We remand this application to the examiner to obtain an
English language translation of the published European patent
application of Lespour and to consider the patentability of3
the claimed subject matter in view of the teachings contained
therein, considered alone and in combination with other prior
art.
SUMMARY
The decision of the examiner to reject claims 1 through
5, under 35 U.S.C. §§ 102(b) and 103 is reversed.
Additionally, we have remanded the application to the
3EPO 0 340 128 published November 2, 1989, cited by the appellant in
the information disclosure document filed October 24, 1996 (Paper No. 5).
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