Appeal No. 2003-1598
Application 09/213,851
teachings of Dillon. Since we have no findings on the question
of obviousness before us, we decline to consider that issue on
this record. We leave it to the examiner to consider whether an
appropriate rejection under 35 U.S.C. § 103 can be supported by
the prior art of record or by any additional prior art.
In summary, we have not sustained the examiner’s
rejection of independent claims 1 and 55. Therefore, we also do
not sustain the examiner’s rejection of any of the dependent
claims. Accordingly, the decision of the examiner rejecting
claims 1-104 is reversed.
REVERSED
ERROL A. KRASS )
Administrative Patent Judge )
)
)
)
JERRY SMITH ) BOARD OF PATENT
Administrative Patent Judge ) APPEALS AND
) INTERFERENCES
)
)
JOSEPH L. DIXON )
Administrative Patent Judge )
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