Ex parte JOHNSON - Page 5




          Appeal No. 2000-0873                                                        
          Application No. 08/975,983                                                  


          examiner to reject claims.  We exercise no general supervisory              
          power over the examining corps, and decisions of primary                    
          examiners withdrawing claims from consideration and objecting               
          to the content of drawings are not subject to our review.  See              
          MPEP §§ 1002.02 and 1201; In re Hengehold, 440 F.2d 1395,                   
          1404, 169 USPQ 473, 479 (CCPA 1971) (restriction requirement                
          is a procedural matter not reviewable by appeal);                           






          compare In re Mindick, 371 F.2d 892, 894, 152 USPQ 566, 568                 
          (CCPA 1967) (matters within the examiner’s discretion, such as              
          refusal to enter amendment after final rejection, are                       
          reviewable by petition to the Commissioner (now, Director)).                
          Thus, the relief sought by appellant would have properly been               
          presented by a petition to the Director under 37 CFR § 1.181,               
          and we shall not review or further discuss the examiner’s                   
          actions in these matters.                                                   
               Appellant’s arguments on pages 16-18 of the brief                      
          regarding the Warman patent, of record, are also noted.  These              


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