Appeal No. 2001-1164 Page 7
Application No. 08/293,745
and claim limitations presented in this appeal. It is not the rebuttal evidence itself, but
rather the shotgun statement of rejection and critique of applicant's rebuttal evidence
which are not "commensurate in scope with the claims."
Under these circumstances, absent a statement of rejection and response to
applicant's rebuttal evidence permitting meaningful review of the patentability of
individual claims, we reverse the rejection of all of the appealed claims under 35 U.S.C.
§ 103.
The examiner's decision, rejecting claims 66 through 83, 89 through 99, and 105
through 156, is reversed.
REVERSED
)
Sherman D. Winters )
Administrative Patent Judge )
)
)
) BOARD OF PATENT
William F. Smith )
Administrative Patent Judge ) APPEALS AND
)
) INTERFERENCES
Donald E. Adams )
Administrative Patent Judge )
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