Appeal 2007-0320
Application 09/945,339
In summary, there is at least some evidence of record supporting the
Examiner’s assertion that that the claimed invention is anticipated by Waller,
but that evidence has not been addressed or presented in a manner that gives
Appellants a full and fair opportunity to respond. Accordingly we remand
the application to the Examiner to take appropriate action based on the
issues discussed above. Any further communication from the Examiner
which contains a rejection of the claims should provide Appellants with a
full and fair opportunity to respond.
REMANDED
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