Appeal No. 2005-2119
Application No. 10/103,063
Our determination that the disclosure of Corrigan does not
anticipate the subject matter of the claims does not preclude a finding
that the disclosure of Corrigan would have rendered the subject matter
of the claims on appeal prima facie obvious under 35 U.S.C. § 103 (a).
See In re Arkley, 455 F.2d 586, 589, 172 USPQ 524, 527 (CCPA 1972).
However, the Examiner has not provided a discussion as to the
obviousness of the subject matter of the independent claims over the
Corrigan reference. Thus, in light of our discussion above, we remand
this application to the jurisdiction of the Examiner to explore or
determine whether the appealed subject matter is obvious over the
Corrigan reference alone or in combination with other prior art.
-9-
Page: Previous 1 2 3 4 5 6 7 8 9 10 11 12 Next
Last modified: November 3, 2007