Appeal No. 2001-1306 Page 27
Application No. 08/100,019
re McGrew, 120 F.3d 1236, 1238, 43 USPQ2d 1632, 1635 (Fed. Cir.
1997) (The court holding that application of 35 U.S.C. 135(b) is
not limited to inter partes interference proceedings, but may be
used as a basis for ex parte rejections.).
This application, by virtue of its "special" status,
requires immediate action, see MPEP § 708.01. After action by
the examiner in response to this remand, it is important that the
Board of Patent Appeals and Interferences be promptly informed of
any such actions affecting the appeal in this application.
CONCLUSION
In view of the foregoing, the decision of the Examiner
rejecting claims 7 and 15 under 35 U.S.C. § 112, rejecting claims
1 through 3, 6 and 8 under 35 U.S.C. § 102 over Guez and
rejecting claims 4 and 5 under 35 U.S.C. § 103 over Guez and
Jones is affirmed. The decision of the Examiner rejecting claims
1 through 6, 8, 10 through 14, 16 and 17 under 35 U.S.C. § 102
over Ames and rejecting claims 4, 5, 10 through 14, 16 and 17
under 35 U.S.C. § 102 over Guez is reversed. Additionally, the
decision of the Examiner rejecting claims 12 and 13 under
35 U.S.C. § 103 over Guez and Jones, and rejecting claims 4, 5,
12 and 13 under 35 U.S.C. § 103 over Ames and Jones is reversed.
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