Wednesday, January 30, 2013

Inadvertent error

The examiner is reversed in Ex parte Dow

Of note are the footnotes:

1 We take as inadvertent error the statement that only claims 9 and 10 are rejected under 35 U.S.C. ยง 103(a) over Hirni and Atsmon, because claim 11 is included in the analysis at Answer pages 10-11. We also take as inadvertent error the omission of Hayashi, upon which the rejection of claim 25, from which claims 9-11 depend, was based. Ans. 10.
2 We take as inadvertent error the omission of Hayashi, upon which the rejection of claim 14, from which claims 18 and 19 depend, was based. Ans. 11.

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