Appeal No. 96-2950
Application 08/145,710
amendment has been entered and that the rejection under 35 U.S.C.
§ 112, second paragraph, has been withdrawn. In a later letter,
the Examiner states that claims 2, 3, 8 and 11 are rejected under
35 U.S.C. § 112, second paragraph, without any further
explanation of the basis. It is unclear whether the Examiner
mistakenly made this statement or that the Examiner intended to
reinstate the rejection. After reviewing the record, including
the Examiner’s rejection, Appellants’ amendment to the claims, as
well as Appellants’ arguments, we find that the Examiner
mistakenly repeated this withdrawn rejection in the later letter.
Rather than repeat the arguments of Appellants or the
Examiner, we make reference to the briefs and the answers for 2 3
2Appellants filed an appeal brief on November 9, 1995. We
will refer to this appeal brief as simply the brief. Appellants
filed a reply appeal brief on February 7, 1996. We will refer to
this reply appeal brief as the reply brief. The Examiner
responded to the reply brief in a supplemental Examiner’s answer
dated February 23, 1996. We note that the reply brief has been
entered into the record.
3The Examiner responded to the brief with an Examiner's
answer dated December 13, 1995. We will refer to the Examiner's
answer as simply the answer. The Examiner responded to the reply
4
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