Appeal No. 94-2208
Application 07/756,346
rejection over Anderson was maintained. The rejection over Anderson was also
maintained in the Supplemental Examiner’s Answer mailed September 20, 1993 (Paper
No. 10). However, in the Second Supplemental Examiner’s Answer mailed December 16,
1993 (Paper No. 12) the examiner states at page 2 that “the rejection of claims 9-16 . . .
over Anderson . . . is withdrawn in view of the Appellant’s arguments.” That Supplemental
Answer was in response to a Supplemental Reply Brief filed October 7, 1993 (Paper No.
11) which does not mention Anderson by name. Nor is it clear that the arguments
presented therein were specific to Anderson.
Upon return of the application, the examiner should clarify the record and state
precisely why the rejection over Anderson was withdrawn. For example, did the examiner
reconsider his decision not to enter the declaration and rely upon that submission in
making this new decision?
declaration which says “Do not enter” followed by the date and initials of the examiner.
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