Appeal No. 95-1463
Application No. 07/779,704
remaining in the application, stand withdrawn from further
consideration by the examiner as directed to a non-elected
invention.
Initially, we note that appellants have withdrawn the
appeal of claims 41 through 43 (Appeal Brief, paragraph
bridging pages 1 and 2). Accordingly, with respect to claims
41 through 43, the appeal is dismissed. We also note that the
examiner entered a new ground of rejection of claims 5 through
8, 39, and 44 through 49 under 35 U.S.C. § 112, second
paragraph (Examiner's Answer, section (10) entitled "New
Ground of Rejection"). In the Answer, page 9, the examiner
states as follows:
In view of the new ground of rejection,
Appellants are given a period of TWO MONTHS from the
mailing date of this examiner's answer within which
to file a reply to any new ground of rejection.
Such reply may include any amendment or material
appropriate to the new ground of rejection.
Prosecution otherwise remains closed. Failure to
respond to the new ground of rejection will result
in dismissal of the appeal of the claims so
rejected.
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