Appeal No. 2002-0377 Page 3
Application No. 09/123,908
rejection (Paper No. 16, mailed December 15, 2000), the answer (Paper No. 22, mailed
July 20, 2001) and the response to remand (Paper No. 24, mailed July 17, 2002) for the
examiner's complete reasoning in support of the rejections, and to the brief (Paper No.
21, filed July 12, 2001) and response to the examiner's response to remand (Paper No.
25, filed September 23, 2002) for the appellants' arguments thereagainst.
OPINION
Initially we note that the drawing objection raised by the examiner on page 4 of
the final rejection 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 the drawing objection issue raised by the appellants on pages 26-27 of
the brief.
In reaching our decision in this appeal, we have given careful consideration to
the appellants' specification and claims, to the applied prior art references, and to the
respective positions articulated by the appellants and the examiner. As a consequence
of our review, we make the determinations which follow.
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