THIS OPINION WAS NOT WRITTEN FOR PUBLICATION
AND IS NOT BINDING PRECEDENT OF THE BOARD
UNITED STATES PATENT AND TRADEMARK OFFICE
__________________
BEFORE THE BOARD OF PATENT APPEALS
AND INTERFERENCES
__________________
Ex parte STEVEN A. BERNSTEIN
and PAGE A. ERICKSON
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Appeal No. 2006-0696
Application 90/005,5461
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HEARD: 20 March 2006
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Before GRON, MEDLEY, and NAGUMO, Administrative Patent Judges.
MEDLEY, Administrative Patent Judge.
VACATE AND REMAND
A. Introduction
This is an appeal under 35 U.S.C. § 134 from a decision of the examiner rejecting
claims 1-53.
The application on appeal contains claims 1-53. Claims 1-53 have been rejected under
35 U.S.C. § 102(b) as being anticipated by T. L. Isenhour and S. E. Eckert, “Intelligent Robots -
The Next Step in Laboratory Automation,” Analytical Chemistry, Vol. 61, no. 13, 1 July 1989,
pp.805-814 (Isenhour). Claims 19-23, 27-28 and 49 have been rejected under 35 U.S.C. § 102(b)
1The application is an application for reexamination of U.S. Patent 5,355,439 (‘439),
which issued 11 October 1994, based on application 08/740,285, filed 5 August 1991.
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