Appeal No. 96-2476
Application 07/890,785
now added a new rejection under 35 U.S.C. § 112, second
paragraph, which was directed to claims 25 through 28 and 33
through 35, apparently responding to the suggestion set forth
in Section 821 of the Manual of Patent Examining Procedure.
There then followed from the appellant an amendment under Rule
193(b) (Paper No. 33), a reply brief (Paper No. 34), and a
reply brief accompanied by a supplemental amendment (Papers
No. 35), all of which were refused entry by the examiner
(Paper No. 36). A petition for entry of the latter two
documents (Paper No. 37) was denied (Paper No. 38).
The result of the above sequence of events is that the
record now before this panel of the Board is devoid of
arguments by the appellant in rebuttal to the rejection of
claims 25 through 28 and 33 through 35 under 35 U.S.C. § 112,
second paragraph, which the examiner made for the first time
in the Examiner's Answer. Since the Examiner's Answer sets
forth the requirement that a response to the new ground of
rejection be filed within two months (page 9), and because
such a response has not been made of record, the appeal as to
claims 25 through 28 and 33 through 35 is dismissed.
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