Appeal No. 97-2504
Application 08/200,707
(UK Patent Application)
Kogo 0,383,330 Aug. 22, 1990
(European Patent Application)
We note that the final rejection included a rejection of
claims 1 and 3 under the second paragraph of 35 U.S.C. § 112.
Three problems were indicated in paragraphs numbered 1(a) through
1(c) of the final rejection. Appellants filed an amendment after
final rejection on August 31, 1995. Although this amendment was
denied entry by the examiner, appellants were notified that the
Section 112 rejection of paragraphs 1(a) and 1(b) would be
overcome by a separately filed amendment [advisory action, Paper
#10]. Appellants filed a second amendment after final rejection
on January 23, 1996 directed to the rejection under Section 112.
The examiner indicated that this amendment would be entered upon
appeal and that the Section 112, paragraph 2 rejection of claims
1 and 3 had been overcome [advisory action, Paper #16]. No
mention was made of the separate rejections set forth in
paragraphs 1(a) through 1(c) of the final rejection. The appeal
brief in this case has noted that the Section 112 rejection of
paragraphs 1(a) and 1(b) has been overcome, and no further
discussion of the Section 112 rejection as set forth in the final
rejection is offered. The examiner’s answer repeated the final
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