Appeal No. 2006-0836
Application No. 10/154,221
of claims 1-9 as being unpatentable over Ausnit, La Pierre and
Hustad.1
The decision of the Examiner is reversed.
REVERSED
BRADLEY R. GARRIS )
Administrative Patent Judge )
)
)
)
)
) BOARD OF PATENT
BEVERLY A. FRANKLIN ) APPEALS AND
Administrative Patent Judge ) INTERFERENCES
1 As earlier explained, the Examiner’s rejection is deficient
because it fails to address with any reasonable specificity the
independent claim feature involving side seals expressly argued
by the Appellant as distinguishing over the Ausnit reference.
In the sense that the dissent attempts to supply this
deficiency, the proffered rationale is unacceptable (at least)
because it is new to the proceeding and thus affords the
Appellant no adequate opportunity for response thereto. In re
Kumar, 418 F.3d 1361, 1366-68, 76 USPQ2d 1048, 1051-52 (Fed.
Cir. 2005).
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