Appeal No. 2000-2202 Page 3
Application No. 08/810,049
must be made in accordance with the Administrative Procedure Act, 5 U.S.C. 706 (A),
(E) (1994). See Zurko v. Dickinson, 527 U.S. 150, 158, 119 S.Ct. 1816, 1821, 50
USPQ2d 1930, 1934 (1999). Findings of fact relied upon in making the obviousness
rejection must be supported by substantial evidence within the record. See In re
Gartside, 203 F.3d 1305, 1315, 53 USPQ2d 1769, 1775 (Fed. Cir. 2000).
In light of the above facts, we feel it is premature to decide this appeal. More fact
finding needs to be completed on the record by the Examiner in view of the full English
language translation. Particularly, the Examiner is required to point out on a limitation-
by-limitation basis which portions of the cited references correspond to the limitations
recited in the claims. It is important that ambiguous or obscure bases for decision do not
stand as barriers to a determination of patentability.
CONCLUSION
In summary, the instant application is remanded to the Examiner to consider the
aforementioned issues and to act accordingly.
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