Appeal 2007-1958
Application 11/130,940
The following references are relied upon by the Examiner:
Tzelnic US 5,829,046 Oct. 27, 1998
(Filed June 10, 1996)
Carlson US 6,173,359 B1 Jan. 9, 2001
(Filed August 27, 1997)
In an initial rejection, the Examiner considers Tzelnic to anticipate all
claims on appeal, claims 1 through 37, under 35 U.S.C. § 102(e). In a
second stated rejection under 35 U.S.C. § 102(b), the Examiner relies upon
Carlson to also anticipate claims 1 through 37.
Rather than repeat the positions of the Appellants and the Examiner,
general reference is made to the Brief and Reply Brief for the Appellants’
positions, and to the Answer for the Examiner’s positions.
OPINION
We reverse both stated rejections of all claims on appeal, claims 1
through 37, under 35 U.S.C. § 102 because the Examiner has not set forth a
prima facie case for each rejection. Beginning at page 3 of the Answer, the
Examiner fails to identify each claim on appeal and correlate the
respectively disclosed features in each reference to each feature in each
claim. Since we are a Board of review, we will not make these correlations.
Nor will we speculate as to what correlations the Examiner may have
intended. To the extent the Examiner may have made such claim
correlations during earlier periods of prosecution of this application, we
consider them to have been withdrawn since they are plainly not present in
the Answer.
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Last modified: September 9, 2013