Appeal No. 2005-2046
Application No. 10/101,004
CONCLUSION
Therefore, the application is remanded to the examiner to review the
appropriateness of the pending rejection before us and to consider entering a new
ground of rejection under 35 U.S.C. 101 for double patenting over claims 6 and 7 of
U.S. Patent No. 6,682,726B2, issued Jan. 27, 2004 and filed April 30, 2001.
The examiner should also consider whether a rejection under 35 U.S.C. § 102 (f)
over U.S. Pat. Application Publication US2003/0026775A1 (‘775) published Feb. 6,
2003, filed April 30, 2001, the same date as the present application and U.S. Patent No.
6,682,726B2, issued Jan. 27, 2004 and filed April 30, 2001 is appropriate.
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,
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