Ex Parte Kimura - Page 8



                Appeal 2007-0144                                                                              
                Application 09/846,907                                                                        

                with reference to the specification by page and line number, and to the                       
                drawings by reference characters.  We decline to substitute speculation about                 
                where the structure corresponding to the claimed subject matter is described                  
                in the application for the greater certainty that should come from the                        
                Appellant.  He should read independent claim 1 and any separately argued                      
                dependent claims on the specification and drawings.  In particular, a                         
                m apping of each of the claimed limitations to specific reference characters                  
                of the drawings and pages and lines of the specification and is needed for a                  
                m ngful review.  Fortunately, the Appellant did so in "the APPENDIX toeani                                                                                        
                this REPLY TO THE EXAMINER'S ANSWER. . . ."  (Reply Br. 2.)                                   

                                             V. CONCLUSION                                                    
                      In summary, a rejection of claims 1 and 2 under 35 U.S.C. § 11  2, & 2                  
                is added.  The rejection of the same claims under § 102(b) is reversed pro                    
                forma.                                                                                        

                      37 C.F.R. § 41.50(b)(2006) provides that "[a] new gr ounds of                           
                rejecti n puro suant to this paragraph shall not be considered final for j  udicial                  
                review."  Section 41.50(b) also provides that, within two months from the                     
                date of the decision, the appellant must exercise one of the following options                 
                to avoid termination of proceedings of the rejected claims:                                   
                             (1)  Submit an appropriate amendment of the claims s  o                          
                                                                                                             
                                                      8                                                       



Page:  Previous  1  2  3  4  5  6  7  8  9  10  Next

Last modified: September 9, 2013