Appeal No. 2003-1178 Page 7
Application No. 09/218,990
The problems with the prior art tension members and the solution and
advantages provided by the lifting elements disclosed in this publication appear to be
the same as those of the appellants’ invention. This application therefore is remanded
to the examiner for consideration of the disclosure and teachings of WO 98/29237 as
they might impact the patentability of the appellants’ claims.
This application, by virtue of its "special" status, requires immediate action, see
MPEP § 708.01. It is important that the Board of Patent Appeals and Interferences be
promptly informed of any action affecting the appeal in this application.
If after action by the examiner in response to this remand there still remains
decision(s) of the examiner being appealed, the application should be promptly
returned to the Board of Patent Appeals and Interferences.
We hereby remand this application to the examiner for action as required by this
remand, and for such further action as may be appropriate.
CONCLUSION
Neither of the rejections is sustained.
The decision of the examiner is reversed.
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