Appeal No. 2006-0070 Παγε 8
Application No. 10/024,631
requirements set forth in Klosak, Merck & Co., and Grasselli,
respectively, as indicated supra, the examiner is to set forth a
new ground of rejection against claims 1 through 22, 25 through
27, 30 through 34 and 37 under Section 103(a) and explain
insufficiencies of the test results relied upon by the appellants
pursuant to 37 CFR 41.50(a) and (b)(2004).
CONCLUSION
For the foregoing reasons, we reverse the examiner’s
decision rejecting claims 1 through 22, 25 through 27, 30 through
34 and 37 under 35 U.S.C. § 102, and remand the application to
the examiner for appropriate action in view of our comments
above.
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,
37 CFR
§ 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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