Appeal No. 2006-1049
Application No. 09/667,826
7. Claims 6, 7, 12, 13, 15, 19, 24, 25, 44-47, and 50 have been rejected
under 35 U.S.C. § 103(a) on the grounds that these claims are unpatentable over
Hegel.
8. An objection has been made to claim 51. 2
9. Claims 2-4, 8-11, 14, 16-18, 20, 23, and 26-35 have been indicated as
being allowable.
10. Appellants filed:
(1) an Amended Appeal Brief (the brief) on August 26, 2002, fully replacing
an Appeal Brief filed June 19, 2002;
(2) a Reply Brief (the reply) on January 3, 2003; and
(3) a Supplemental Reply Brief (the supplemental reply) on March 4, 2005.
11. The first issue before the Board is whether Appellants have
established that the Examiner erred in rejecting claims 40-50 and 52-58 under
35 U.S.C. § 251 based on recapture.
2 Appellants request the Board to order the Examiner to enter the after final
amendment filed March 5, 2002 (Brief at page 4). We do not review issues
associated with an examiner’s decision not to enter an amendment. In any event,
the request is moot as Applicants may now request entry before the Examiner
based on the result reach herein.
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