Appeal No. 96-2850
Application 08/015,400
3. Claim 7 stands rejected under 35 U.S.C. § 103 as
being unpatentable over the references applied in the
rejection of claim 4 above and further in view of the U.S.
Wirz patent.
4. Claim 7 additionally stands rejected under 35
U.S.C. § 112, first paragraph, for the reasons set forth on
the fifth page of the examiner’s answer.4
The rejection of claim 7 under the first paragraph of §
112 was first introduced in the examiner’s answer and is
stated to be a new ground of rejection. The answer on the last
page thereof also states that a failure to respond to this new
ground of rejection ?will result in dismissal of the appeal of
the claims [sic, claim] so rejected.? Since no response to
this new ground of rejection is found in the record before us,
we herewith dismiss the appeal as to claim 7, thus leaving for
our consideration the standing rejections of claims 2, 4 and
5.
4 The pages in the examiner’s answer are unnumbered.
4
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