Appeal No. 2004-0430 Page 7
Application No. 09/174,868
For the reasons set forth above, we are constrained to reverse the decision of
the examiner to reject independent claims 1, 10, 14 and 17, and claims 3 to 9, 11 to 13,
15, 16, 17 and 18 dependent thereon, under 35 U.S.C. § 103.
REMAND
We remand this application to the examiner for further consideration of the
patentability of claims 1 and 3 to 18. Specifically, we remand this application to the
examiner to ascertain if there is any prior art evidence establishing that it would have
been obvious at the time the invention was made to a person of ordinary skill in the art
to have modified Musacchia's hunting device to arrive at the claimed invention.
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