Appeal No. 2002-0526
Application No. 09/141,515
herein. If the examiner introduces a new rejection of these
claims for obviousness, the appellant should be given a fair
opportunity to address any such rejection. The examiner should
clearly indicate how any such rejection applies to each of the
claims rejected in the application.
CONCLUSION
The examiner's rejection of claims 1-22 and 24-38 under 35 U.S.C. '
103 as obvious over Clarke in combination with Ramin is vacated
and remanded to the examiner for further consideration,
consistent with the discussion herein. The rejection of claim 23
under 35 U.S.C. ' 103 as obvious over Clarke and Ramin in further
view of Commander is affirmed.
We emphasize that we are not authorizing a supplemental examiner=s answer
under 37 CFR ' 1.193(b)(1).
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