Appeal No. 94-3399
Application 07/871,374
ANCILLARY REQUEST
As a final point, we note that appellants have requested
the Board to direct the examiner for reconsideration and entry
of the amendments filed after final rejection. See Brief,
page 3. However, an examiner's refusal to enter the
amendments filed after final rejection is petitionable to the
Commissioner and not appealable to this Board. See In re
Hengehold, 440 F.2d 1395, 1403, 169 USPQ 473, 479 (CCPA 1971);
MPEP Chapter 1000.
CONCLUSION
In summary, we conclude that:
(1) The rejection of claims 1 and 3 through 12 under 35
U.S.C. § 112, first paragraph, is reversed;
(2) The rejection of claim 2 under 35 U.S.C. § 112,
first paragraph, is affirmed; and
(2) The rejection of claims 1 through 12 under 35 U.S.C.
§ 112, second paragraph, is reversed.
The decision of the examiner is affirmed-in-part.
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