Appeal No. 2003-1195
Application No. 08/526,339
rejection should have been under 35 U.S.C. § 112, first
paragraph, under the written description clause for lack of
support for the claimed subject matter. We take no such position
on any such rejection since it is not before us. In any event,
it is not proper to base a prior art rejection under 35 U.S.C.
§ 103 on subject matter which is not claimed or on subject matter
which is not understood.
Since we have not sustained the rejection of claims 1-10 and
25-35 under either 35 U.S.C. § 112, second paragraph, or
35 U.S.C. § 103, the examiner’s decision is reversed.
REVERSED
ERROL A. KRASS )
Administrative Patent Judge )
)
)
)
)
MICHAEL R. FLEMING ) BOARD OF PATENT
Administrative Patent Judge ) APPEALS AND
) INTERFERENCES
)
)
)
JOSEPH F. RUGGIERO )
Administrative Patent Judge )
EAK:clm
-9-
Page: Previous 1 2 3 4 5 6 7 8 9 10 Next
Last modified: November 3, 2007