Appeal No. 2003-1020 Page 7 Application No. 08/859,051 U.S.C. § 103.3 OTHER ISSUES Upon return of this case to the examining group, we would recommend that appellants and the examiner review claims 116 and 122 for clarity. It appears that appellants’ argument that “the claim[s] as [presently] worded [do] not make sense” is well founded. REVERSED ) Sherman D. Winters ) Administrative Patent Judge ) ) ) ) BOARD OF PATENT ) Hubert C. Lorin ) APPEALS AND Administrative Patent Judge ) ) INTERFERENCES ) ) ) Toni R. Scheiner ) Administrative Patent Judge ) Morrison & Foerster LLP 3811 Valley Centre Drive Suite 500 3 Having found that the examiner has not established a prima facie case of obviousness for the claims on appeal, we find it unnecessary to comment on the declarations executed June 28, 2000 and May 13, 2002.Page: Previous 1 2 3 4 5 6 7 8 NextLast modified: November 3, 2007