Appeal No. 2006-2357
Application No. 10/666,262
evidence of obviousness against any evidence of nonobviousness.
In re Skoner, 517 F.2d 947, 950, 186 USPQ 80, 82 (CCPA 1975); In
re Skoll, 523 F.2d 1392, 1397, 187 USPQ 481, 484 (CCPA 1975); In
re Nolan, 553 F.2d 1261, 1267, 193 USPQ 641, 645 (CCPA 1977).
As a result, based on the foregoing and the reason set forth
in our remand in the related appeal, the application is remanded
to the examiner.
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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