The opinion in support of the decision being entered today was not written
for publication and is not binding precedent of the Board.
Paper No.
UNITED STATES PATENT AND TRADEMARK OFFICE
__________
BEFORE THE BOARD OF PATENT APPEALS
AND INTERFERENCES
__________
Ex parte JOHN J. WILLE
__________
Appeal No. 2001-0983
Application No. 08/954,946
__________
ON BRIEF
__________
Before WINTERS, SCHEINER, and GRIMES, Administrative Patent Judges.
GRIMES, Administrative Patent Judge.
VACATUR AND REMAND
For the reasons explained herein, this application is not in condition for a
decision on appeal. Therefore, we vacate the examiner’s rejection and remand
to the examiner for appropriate action.
1. Claim construction
The examiner has not provided a claim construction analysis on the
record. Claims must be construed before the claimed invention can be
compared to the prior art. See Key Pharms. Inc. v. Hercon Labs. Corp., 161 F.3d
709, 714, 48 USPQ2d 1911, 1915 (Fed. Cir. 1998) (“[N]ot unlike a determination
of infringement, a determination of anticipation, as well as obviousness, involves
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