Appeal No. 2001-1995
Application 08/646,567
Thrift, 298 F.3d 1357, 1364, 63 USPQ2d 2002, 2007 (Fed. Cir.
2002).
The above leads us to conclude that we have no choice but to
VACATE the present rejections of the claims on appeal due to the
noted substantive and procedural improprieties to put the
prosecution of this application back in a proper procedural
posture. The examiner remains free to institute or reinstitute
well-founded and well-reasoned rejections on the same and/or
additional, new prior art not presently relied upon. As such,
the application is accordingly remanded to the examiner for
further action consistent with the foregoing.
VACATED AND REMANDED
James D. Thomas )
Administrative Patent Judge )
)
)
)
Kenneth W. Hairston ) BOARD OF PATENT
Administrative Patent Judge ) APPEALS AND
) INTERFERENCES
)
)
Lance Leonard Barry )
Administrative Patent Judge )
JDT/cam
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