Ex Parte MANSUETO - Page 2




          Appeal No. 2002-0670                                                        
          Application 09/416,547                                                      


               It is noted that there was confusion between the appellant             
          and the examiner as to the status of claims 10, 31 and 32 on                
          appeal.  Paper No. 5, an amendment filed after final rejection,             
          amended claim 10, 31 and 32, although claims 10 and 32 had been             
          indicated as drawn to a nonelected invention and withdrawn from             
          consideration. Finally, in paper No. 14 mailed after the                    
          examiner’s answer, the examiner indicated that claims 10 and 32             
          are indeed withdrawn from consideration.  Since the examiner did            
          not comment on the status of claim 31, appellant stated in the              
          supplemental brief that claim 31 was on appeal.  Inasmuch as                
          claim 31 depends from claim 30, a claim in and of itself                    
          withdrawn from consideration, we hold that claim 31 must be, as             
          per the examiner, withdrawn from consideration and not subject to           
          this appeal.                                                                
               The claimed invention is directed to a device retention                
          assembly for retaining a device.  The specification mentions that           
          the device may be a computer drive or the like.                             
               A further understanding of the claimed subject matter may be           
          had with reference to claim 1, reproduced below:                            
               1.  A device retention assembly, comprising:                           
               a guide;                                                               
               a guide channel;                                                       
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