Appeal No. 98-0336
Application 08/761,014
Claims 7, 9, 10 and 14 stand rejected under 35 U.S.C. §
103(a) as being unpatentable over Kobori.
Initially we note that in the appendix to the brief, the
appellants note that the examiner has refused to enter certain
amendments and "requests the Board to take judicial notice of
the refused amendments in considering any further action in the
application." We must point out, however, that under 35 U.S.C.
§ 134 and 37 CFR § 1.191, appeals to the Board of Patent Appeals
and Interferences are taken from the decision of the primary
examiner to reject claims. We exercise no general supervisory
power over the examining corps and decisions of primary
examiners to deny entry of amendments are not subject to our
review. See Manual of Patent Examining Procedure (MPEP) §§
1002.02(c) and 1201 (7th ed., Jul. 1998); In re Mindick, 371
F.2d 892, 894, 152 USPQ 566, 568 (CCPA 1967) and In re Deters,
515 F.2d 1152, 1156, 185 USPQ 644, 648 (CCPA 1975). Inasmuch as
taking "judicial notice of the refused amendments" would, in
effect, overrule the examiner's decision to refuse entry of the
amendments, we decline to take such action.
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