Appeal No. 2000-0354
Application No. 08/682,471
of lowering the power based upon the sensing circuits sensing a
value that exceeds a predetermined threshold, the examiner should
have no trouble applying this reference and/or any other prior
art evidencing such a feature and properly applying it in a new
rejection within 35 U.S.C. § 103. Taken in this light, this
application is therefore remanded to the examiner for such
consideration pursuant to 37 CFR § 1.196(a) and Manual of Patent
Examining Procedure (MPEP) § 1211.
In view of the foregoing, we have sustained only the
rejection of claim 1 of the claims on appeal and reversed the
rejection of the remaining claims, claims 2 through 20. As such,
the decision of the examiner is affirmed-in-part. This
application is also remanded to the examiner pursuant to our
earlier discussion for consideration of applying new rejections
to the remaining claims.
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