Ex parte SERDUKE - Page 3




          Appeal No. 1998-1969                                       Page 3           
          Application No. 08/535,708                                                  


               Claims 13 through 16 stand rejected under 35 U.S.C. § 103              
          as being unpatentable over Hotaling in view of Crawford.                    


               Rather than reiterate the conflicting viewpoints advanced              
          by the examiner and the appellant regarding the above-noted                 
          rejection, we make reference to the examiner's answer (Paper                
          No. 9, mailed December 16, 1997) for the examiner's complete                
          reasoning in support of the rejection, and to the appellant's               
          brief (Paper No. 8, filed October 20, 1997) for the                         
          appellant's arguments thereagainst.                                         


                                       OPINION                                        
               Initially we note that the appellant's request that the                
          Board enter his Rule 116 amendment relates to a petitionable                
          matter and not to an appealable matter.  See Manual of Patent               
          Examining Procedure (MPEP) §§ 1002 and 1201.  Accordingly, we               
          will not review this issue raised by the appellant on pages                 
          10-11 of the brief.                                                         


               In reaching our decision in this appeal, we have given                 
          careful consideration to the appellant's specification and                  







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