Appeal No. 1999-2328 Page 10
Application No. 08/485,492
(2) If it is determined that Joffe and/or Pryor are proper references under
Section 102 with regard to subject matter recited in the claims on appeal,
set forth rejection(s) of the claims with particularity, that is, point out where
each of the specific limitations recited in the rejected claims is found in the
prior art relied upon.
(3) Provide the appellant with such information and assistance as is
necessary for him to perfect his claim regarding the inventorship of
material disclosed in the Joffe reference in accordance with Section
715.01(a) of the Manual of Patent Examining Procedure..
(4) Take such additional action as may be deemed appropriate.
SUMMARY
None of the three rejections under 35 U.S.C. § 112 are sustained.
The decision on the rejections under 35 U.S.C. § 102 is held in abeyance
pending the examiner’s response to the remand of this application.
The application is remanded to the examiner for action in accordance with the
instructions set forth above.
This application, by virtue of its "special" status, requires an immediate action,
MPEP § 708.01 (Eighth Edition, Aug. 2001), item (D). It is important that the Board of
Patent Appeals and Interferences be promptly informed of any action affecting the
appeal in this case.
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