Appellant wins "missing element" case in Ex parte DIMAGGIO

Ex parte DIMAGGIO



Thus, as Appellants point out, the record before us does not appear to
address the step of making a determination if the intervention is clinical or
non-clinical. See Reply Br. 2-3. The cited prior art and the Examiner’s
explanation also do not appear to address the limitation regarding the course
of action that must be followed should the determination be made that the
intervention is “non-clinical.” Accordingly, we cannot sustain the
Examiner’s rejections.