Appeal No. 97-0695
Application No. 08/273,466
Claims 4 through 6 stand rejected under 35 U.S.C. § 103
as being unpatentable over Janssen in view of Ager.
Rather than reiterate the conflicting viewpoints advanced
by the examiner and the appellants regarding the § 103 and §
112 rejections, we make reference to the examiner's answer
(Paper No. 12, mailed September 16, 1996) for the examiner's
complete reasoning in support of the rejections, and to the
appellants' brief (Paper No. 11, filed June 17, 1996) for the
appellants' arguments thereagainst.
OPINION
Initially, we note that the objection to the drawings
under 37 CFR § 1.83(a) made by the examiner in the final
rejection relates to a petitionable matter and not to an
appealable matter. See Manual of Patent Examining Procedure
(MPEP) §§ 1002 and 1201. Accordingly, we will not review the
issue regarding this objection raised by the appellants on
pages 13-14 of the brief.
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