Appeal No. 2004-1675
Application No. 09/638,214
CONCLUSION
In summary, we reverse the examiner’s decision rejecting the
claims on appeal under 35 U.S.C. §§ 102(e) and 103 and remand the
application to the examiner to take appropriate action consistent
with the instruction provided above.
This application, by virtue of its “special” status, requires
immediate action, see MPEP & 708.01 (8th ed. Aug. 2001), item (D).
It is important that the Board of Patent Appeals and Interferences
be promptly informed of any action affecting the appeal in this
case.
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 not
made for further consideration of a rejection. Accordingly, 37 CFR
§ 41.50 (a)(2) does not apply.
9
Page: Previous 1 2 3 4 5 6 7 8 9 10 11 Next
Last modified: November 3, 2007