Monday, December 09, 2013

Appellant prevails in Ex parte NOGUCHI

from Ex parte NOGUCHI

A number of elements and steps are discussed in the twenty three paragraphs cited by the Examiner. It is not apparent to us what particular elements of Yasuhiro the Examiner considers the above-quoted portion of claim 19 to read on. Without any identification of where each limitation of the rejected claims is shown in the prior art reference, we cannot provide any meaningful appellate review, nor can we conclude that Appellant had a fair opportunity to react to the thrust of the Examiner’s rejection. In re Jung, 637 F.3d 1356, 1363 (Fed. Cir. 2011) (discussing 35 U.S.C. § 132). Thus, this rejection cannot be sustained.

Bottom line: The Examiner’s rejections are reversed.


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