Appeal No. 2004-0820
Application No. 09/317,312 Page 21
To summarize, the decision of the examiner to reject claims
1, 2, 4, 5, 7 and 11-14 under 35 U.S.C. § 102(e) is reversed.
The decision of the examiner to reject claims 6 and 15 under 35
U.S.C. § 102(e) is affirmed. The decision of the examiner to
reject claims 3, 8-10, 17 and 18 under 35 U.S.C. § 103(a) is
reversed. In addition, we REMAND the application to the examiner
for consideration of claim 16. This remand to the examiner
pursuant to 37 CFR § 41.50(a)(1) (effective September 13, 2004,
69 Fed. Reg. 49960 (August 12, 2004), 1286 Off. Gaz. Pat. Office
21 (September 7, 2004)) is made for further consideration of a
rejection. Accordingly, 37 CFR § 41.50(a)(2) applies if a
supplemental examiner's answer is written in response to this
remand by the Board.
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Last modified: November 3, 2007