Appeal 2007-0781
Application 10/003,150
127 S.Ct. 1727, 1739, 82 USPQ2d 1385, 1395 (2007). In that regard, the
record does not include objective evidence of unexpected results.
DECISION
The decision of the Examiner rejecting claims 1-4, 7, 11, 13, and 30
under 35 U.S.C. § 102(e) as being unpatentable over Garfinkle and claim 12
under 35 U.S.C. § 103(a) as being unpatentable over Garfinkle in view of
Official Notice are reversed.
We remand the application to the Examiner for consideration of a
rejection of the claims 1-4, 7, 11, 13, and 30 under 35 U.S.C. §103(a) over
Garfinkle for the reasons stated supra. If the Examiner determines that
claims 1-4, 7, 11, 13, and 30 should be rejected under 35 U.S.C. §103(a)
over Garfinkle, the Examiner may want to consider repeating the rejection of
claim 12 under 35 U.S.C. §103(a) over Garfinkle in view of Official Notice
for the reasons already on record.
This remand to the Examiner pursuant to 37 CFR § 41.50(a)(1) 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.
REVERSED AND REMANDED
vsh
14
Page: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 Next
Last modified: September 9, 2013