Appeal No. 2006-1631
Application No. 10/317,759
would have been obvious to optimize (for the purposes
disclosed by Spitsberg) the amount of Spitsberg’s BSAS
to fall within the claimed range.
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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