Appeal No. 1998-3087
Application 08/399,864
Also, in further prosecution the examiner should address the
issue of whether claims 19 and 20 include the elected species.
DECISION
The rejection under 35 U.S.C. § 103 of claims 1, 2, 9-16,
19, 20 and 23 over Coolbaugh in view of Short, Pritchett,
Richards and/or Handlin, and further in view of Erickson is
reversed, and the rejections of claim 21 over these references
and over Pritchett alone are affirmed. The application is
remanded to the examiner.
No time period for taking any subsequent action in
connection with this appeal may be extended under 37 CFR
§ 1.136(a).
AFFIRMED-IN-PART and REMANDED
Sherman D. Winters )
Administrative Patent Judge )
)
)
)
John D. Smith ) BOARD OF PATENT
Administrative Patent Judge ) APPEALS AND
) INTERFERENCES
)
)
Terry J. Owens )
Administrative Patent Judge )
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