This appeal under 35 U.S.C. § 134 involves claims 1 and 6-14. Claims 14 and 16-20 were “withdrawn from consideration but not canceled” (App. Br. 2; Reply Br. 2). We have jurisdiction under 35 U.S.C. § 6(b).
The Examiner rejected claims 1 and 6-13 under 35 U.S.C. § 103(a) as being unpatentable over the combination of Cerundolo and Johnson.
Upon consideration of the evidence on this record and each of Appellant’s contentions, we find that the preponderance of evidence on this record falls in favor of Appellant for the reasons set forth in Appellant’s Brief and Reply Brief. Accordingly, we reverse the rejection of record.
That's it. Even the Federal Circuit, through its powerful "Rule 36", can only use it to affirm decisions, not to reverse them, as the Board has done here.
If anyone is aware of similar (or even shorter) BPAI decisions on the merits, please share.