Appeal 2006-3319
Application 10/366,585
REMAND TO THE EXAMINER
This application is remanded to the Examiner, pursuant to 37 CFR
§ 41.50(a)(1), for consideration of the patentability of the subject matter of
claims 1-14 and 17-37 over Cohn in view of Bardy, either alone or further in
combination with Langberg or other prior art, in light of our affirmance of
the rejection of claims 15 and 16 as unpatentable over Cohn in view of
Bardy. At the very least, our affirmance of the rejection of claims 15 and 16
and our reasons therefore, should convey our view that the subject matter of
claim 1, from which claims 15 and 16 depend, and claim 33, which is
broader in all material respects than claim 1, are not patentable over Cohn in
view of Bardy.
SUMMARY
The decision of the Examiner is reversed as to the rejections of claims
1-3, 11, 12, 14, and 33-37 as anticipated by Cohn, claims 1-11 and 13-37 as
anticipated by Langberg, and claim 13 as unpatentable over Cohn in view of
Machek and affirmed as to the rejection of claims 15 and 16 as unpatentable
over Cohn in view of Bardy. The Examiner's decision is affirmed-in-part.
Additionally, the application is remanded to the Examiner for appropriate
action as set forth above.
12
Page: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 Next
Last modified: September 9, 2013