Appeal No. 2006-1510 Παγε 3
Application No. 10/414,066
While the ultimate question of obviousness under 35 U.S.C.
§ 103 is one of law, the question can only be answered
after the requisite factual findings have been made. Such
factual findings can not be made from an unreliable translation.
Obtaining and considering an accurate, and verified English
language translation of the full text of the relied upon foreign
language document is necessary in furnishing reliable evidence
of the factual basis for making the ultimate determination of
patentability.
Accordingly, this application is remanded to the examiner
for the purpose of securing a complete and accurate verified
English language translation of the relied upon Japanese document
and clarifying the examiner’s rejection in light of the English
language translation of the relied upon Japanese document that is
secured and ultimately made of record. A copy of the translated
document should be forwarded to appellants. The examiner should
fully explain how the relied upon publication is being applied by
referring to the verified accurate English language translation
that is obtained by page and line (or numbered paragraph) in any
rejection maintained in a supplemental examiner’s answer that may
be ultimately prepared in response to this remand.
Page: Previous 1 2 3 4 5 6 Next
Last modified: November 3, 2007