Appeal No. 2002-1591
Application No.09/616,503
OPINION
In reaching our decision in this appeal, we have given
careful consideration to appellant’s specification and claims, to
the applied prior art references, and to the respective positions
articulated by appellant and the examiner. As a consequence of
our review, we have made the determinations which follow.
As a preliminary matter, we note that appellant in both the
brief and reply brief has requested entry of the amendment after
final filed July 17, 2001 (Paper No. 8) and urged that the
changes in such amendment be considered on appeal. The examiner
refused entry of the above-noted amendment in an advisory action
mailed August 1, 2001 (Paper No. 9). The non-entry of amendments
during prosecution of an application before the examiner relates
to petitionable subject matter under 37 CFR § 1.181, and is not
an appealable issue. Under 35 U.S.C. § 134 and 37 CFR § 1.191
appeals may be taken from the decision of the primary examiner to
reject claims. This Board does not and is not empowered to
exercise general supervisory authority over the Examining Corps.
See, for example, In re Hengehold, 440 F.2d 1395, 1404, 169 USPQ
473 (CCPA 1971) and In re Mindick, 371 F.2d 892, 894, 152 USPQ
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