Appeal 2007-0275 Application 09/313,278 features available to members of the clinical group”). Therefore, we leave it to the Examiner to consider whether at least claim 39 would have been obvious to a person of ordinary skill in the art at the time of the invention over Douglas in view of Nicol, or any other prior art references available to the Examiner. DECISION In summary, we will not sustain the Examiner’s rejection of any claims under appeal. Therefore, the decision of the Examiner rejecting claims 39-51 is reversed. REVERSED gw HELLER EHRMAN LLP 1717 RHODE ISLAND AVE, NW WASHINGTON, DC 20036-3001 8Page: Previous 1 2 3 4 5 6 7 8
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