Appeal No. 94-4210
Application 07/932,415
This is an appeal of an examiner's final rejections2 of
Claims 10-14, all claims pending in this application.
Introduction
Claims 10 and 13 stand rejected under 35 U.S.C. ~ 112,
second paragraph. Claims 12-13 stand rejected under 35 U.S.C.
~ 102(b) as described by Gross3. Claim 14 stands rejected under
35 U.S.C. ~ 103 as unpatentable over Gross in view of Carney4.
Claim 10 stands rejected under 35 U.S.C. ~ 102(b) as described by
Wertheim5. Claim 11 stands rejected under 35 U.S.C. ~ 103 as
unpatentable over Wertheim. Claims 10-12 and 14 are rejected for
obviousness-type double patenting of Claims 1-5 of Butler6.
Claims 10 and 12 are representative of the claimed subject
matter and read:
2 The examiner objects (1) to appellants' declaration
because it purportedly does not comply with 37 CFR ~~ 1.63(b)(1)
and 1.33(a), and (2) to the specification because the status of
the parent application is not current. We remind appellants and the
examiner that the Board of Patent Appeals and Interferences (Board)
lacks jurisdiction under 35 U.S.C. ~ 134 to review informal
requirements. See In re Hengehold, 440 F.2d 1395, 1404, 169 USPQ 473,
479 (CCPA 1971).
3 Gross, H.W., et al., U.S. 3,468,641, patented
September 23, 1969
4 Carney, R.W., et al., U.S. 3,291,839, patented
December 13, 1966
5 Wertheim, Ronald J., et al., U.S. 4,816,353, patented
March 28, 1989
6 Butler, James R., et al., U.S. 5,156,816, patented
October 20, 1992
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