Appeal No. 96-2476
Application 07/890,785
At the outset, it is necessary to review the final stages
of the prosecution of this application prior to its arrival at
the
Board of Patent Appeals and Interferences, for it bears upon
the status of some of the claims alleged to be on appeal.
At the time the final rejection was rendered in this
case, claims 14 through 35 were pending. However, as a result
of a requirement for election of species, claims 18 through 21
and 25 through 35 had been withdrawn from consideration, and
therefore the final rejection made by the examiner applied to
claims 14 through 17 and 22 through 24 (Paper No. 21), and
these were the claims recited in the appellant's Notice of
Appeal (Paper No. 27). However, in the Brief on Appeal the
appellant added to the appeal the propriety of the examiner's
refusal to include claims 25 through 28 and 33 through 35
among those claims readable on the elected species (Paper No.
31).
The Examiner's Answer (Paper No. 32) dealt with the
standing final rejection of claims 14 through 17 and 22
through 24 under 35 U.S.C. § 103. In addition, the examiner
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