Appeal No. 2005-2664
Application 09/187,551
applies. In particular, do the ‘790 Patent claims that ultimately issued include the
allegedly surrendered subject matter, and if not, how does this impact the alleged
surrender? The record before us does not mention or address the prosecution
history “as a whole” in any way. Therefore, we request that the Examiner clarify
the record.
Accordingly, we remand for consideration of this issue.
Conclusion
This remand to the examiner pursuant to 37 CFR § 41.50(a)(1) is made
for further consideration of a rejection. Accordingly, 37 C.F.R § 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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