Ex parte GIFFORD - Page 10




          Appeal No. 1998-0631                                                        
          Application 07/957,990                                                      

               Appellant filed an Amendment (Paper No. 10) on                         
          May 17, 1994, traversing the Examiner's action (Paper                       
          No. 10, pp. 17-23).                                                         
               The Examiner entered an Office Action (Paper No. 11) on                
          August 1, 1994, maintaining that claims 2-10, 14-23, 26-47,                 
          98-116, and 119-140 are not readable on the elected species                 
          of figure 4 because the claims "involve elements or                         
          teachings not shown in Fig. 4" (Paper No. 11, p. 2) and                     
          noting that the claims are withdrawn from consideration.                    
               Appellant filed a second Amendment (Paper No. 12) on                   
          November 14, 1994, maintaining the traversal of the                         
          Examiner's action (Paper No. 12, pp. 16-17).                                
               The Examiner entered a Final Rejection (Paper No. 15)                  
          on June 5, 1995, maintaining that claims 2-10, 14-23, 26-47,                
          98-116, and 119-140 are not readable on the elected species                 
          of figure 4 because the claims "involve elements or                         
          teachings not shown in Fig. 4" (Paper No. 15, p. 2) and                     
          noting that the claims are withdrawn from consideration.                    
               Appellant filed a Petition under 37 CFR § 1.144 (Paper                 
          No. 16) on December 5, 1994, before entry of Paper No. 15,                  
          which was lost and resubmitted by facsimile on                              

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