Appeal No. 2002-0099 Page 4
Application No. 08/864,009
USPQ 473, 479-80 (CCPA 1971) (there are a host of decisions an examiner makes in
the examination proceeding -mostly matters of a discretionary, procedural, or non-
substantive nature - which are not appealable to the board when not directly connected
with the merits of issues involving rejections of claims, but traditionally have been
settled by petition to the Commissioner; adverse decisions of examiners reviewable by
the board must be those which are related, at least indirectly, to matters involving the
rejection of claims).
The issue presented for review is whether the examiner erred in rejecting claims
1 through 46 under 35 U.S.C. § 103(a) as unpatentable over the combined disclosures
of Krzysik and UNICID.
DELIBERATIONS
Our deliberations in this matter have included evaluation and review of the
following materials:
(1) the instant specification, including Figures I, II, III, and IV, and all of the claims on
appeal;
(2) applicants’ Appeal Brief (Paper No. 18);
(3) the Examiner’s Answer (Paper No. 19); and
(4) the above-cited prior references.
On consideration of the record, including the above-listed materials, we reverse the
examiner’s rejection under 35 U.S.C. § 103(a).
Page: Previous 1 2 3 4 5 6 7 8 Next
Last modified: November 3, 2007