Appeal No. 2005-2398
Application No. 09/899,029
twist-type handle obvious to one of ordinary skill in the art
within the meaning of 35 U.S.C. § 103(a).
REMAND
As indicated supra, the examiner cannot rely on U.S. Patent
3,950,005 issued to Patterson and U.S. Patent 5,690,191 issued to
Burbank to support the Section 103 rejection of record since they
are not positively included in the statement of the rejection.
Thus, upon return of this application, the examiner is to include
these references in the statement of rejection if the combined
disclosures of Miyazaki, Krauer, Patterson and Burbank affect the
patentability of claims 25, 26, 35, 36, 43, 44 and 47. Should
the examiner decide to reject claims 25, 26, 35, 36, 43, 44 and
47 in view of the above references, prosecution of this
application must be reopened.
CONCLUSION
In view of the foregoing, we:
1) Affirm the examiner’s decision rejecting claims 31, 32
and 34 under 35 U.S.C. § 102(b) and claims 3 through 15, 28, 39
through 42, 45 and 46 under 35 U.S.C. § 103(a);
2) Reverse the examiner’s decision rejection claim 33,
35 U.S.C. § 102(b) and claims 25, 26, 35, 36, 43, 44 and 47 under
35 U.S.C. § 103(a);
14
Page: Previous 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 Next
Last modified: November 3, 2007