Appeal No. 2003-2079
Application No. 09/207,972
that this patent is available as prior art against the claims on
appeal (Answer, page 5; Brief, page 4; Reply Brief, page 3).
Accordingly, we remand this application to the jurisdiction of the
examiner for appellants and the examiner to reconsider the
patentability of the claimed subject matter in view of Kizilyalli
‘854, Wu and Chou. Prosecution must be reopened if any new ground
of rejection is entered by the examiner. See 37 CFR § 1.193
(2000).
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