Appeal No. 1998-0631
Application 07/957,990
June 20, 1995, requesting that claims 2-10, 14-23, 26-47,
98-116, and 119-140 be considered and not withdrawn from
consideration.
In a Decision on Petition (Paper No. 17) entered
July 11, 1995, the Director of Group 2600 granted
Appellant's "Petition under 37 CFR 1.144, filed on
December 5, 1994, seeking reversal of the examiner's holding
that claims 2-10, 14-23, 26-47, 98-116 and 119-140 are not
directed to the elected species and thereby withdrawn from
consideration" (Paper No. 17, p. 1). The decision on
petition stated that "[u]pon further consideration and per
MPEP 821, it is held that claims 2-10, 14-23, 26-47, 98-116
and 119-140 should be considered" (Paper No. 17, p. 2).
The Examiner entered an Office Action (Paper No. 18) on
August 3, 1995, acknowledging the petition decision, but
notwithstanding the decision, entered a rejection of
claims 2-8, 14-23, 26, 27, 31-47, 99-112, 114-116, and
119-140 under 35 U.S.C. § 112, second paragraph, per MPEP
§ 821 as indefinite as not readable on the elected species
of figure 4.
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