Appeal No. 2002-0454 Application No. 09/083,122 invention and the failure of the cited references to disclose other claim limitations, we find the failure of the examiner to present sufficient evidence of a refluxing step to be dispositive, and do not reach the other claim limitations argued by appellants. The rejection of the pending claims over Lewis in view of Lowenstein is reversed. No time period for taking any subsequent action in connection with this appeal may be extended under 37 CFR § 1.136(a). REVERSED ) SHERMAN D. WINTERS ) Administrative Patent Judge ) ) ) ) BOARD OF PATENT TONI R. SCHEINER ) Administrative Patent Judge ) APPEALS AND ) ) INTERFERENCES ) DEMETRA J. MILLS ) Administrative Patent Judge ) 6Page: Previous 1 2 3 4 5 6 7 NextLast modified: November 3, 2007