Appeal 2006-2739
Application 09/918,584
basis for review by petition to the Director rather than by appeal to the
Board. The question of whether or not the Examiner should have made a
rejection under 35 U.S.C. § 112, ¶ 2 is a moot point. No such rejection was
made and, therefore, there is no such rejection for us to review.
CONCLUSION
In summary, we reverse the decision of the Examiner with respect to
the rejection of claims 1, and 10-18 under 35 U.S.C. § 112, ¶ 1. We do not
have jurisdiction to review the objection under 35 C.F.R. § 1.75(c) and,
therefore, we have not reviewed the issues arising from the objection.
REVERSED
tf/cam
Paul A. Leipold
Patent Legal Staff
Eastman Kodak Company
343 State Street
Rochester, NY 14650-2201
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