Appeal No. 2005-2417
Application No. 09/999,660
Attention is directed to the brief (filed April 2, 2004) and answer (mailed June 16,
2004) for the respective positions of the appellant and examiner regarding the merits of
these rejections.
DISCUSSION
I. Petitionable matter
The appellant (see pages 13-14 in the brief) raises as an
issue on appeal the objection to the drawing set forth in the
Office action from which the appeal was taken. Although the
examiner (see page 3 in the answer) allows that the objection is
related to the 35 U.S.C. § 112, first paragraph, rejection, and
hence “may be appropriate for the Board to review” (answer, page
3), the stated basis for the objection under 37 CFR § 1.83(a)
shows that it is not directly connected to the merits of the
rejection. Hence, the drawing objection is properly reviewable
by petition to the Director rather than appeal to this Board (see
In re Hengehold, 440 F.2d 1395, 1403-1404, 169 USPQ 473, 479
(CCPA 1971)), and will not be further addressed in this decision.
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