Appeal No. 95-2489
Application 07/826,207
This is a decision on appeal under 35 U.S.C. § 134 from the examiner's final rejection of claims
1-12, 19, 20, 22 and 23. In amendments (paper nos. 15 and 17) submitted after the final rejection,
appellant amended claims 1 and 19, and canceled claims 6 and 23. The amendments were approved for
entry by the examiner (paper nos. 16 and 18). Subsequent to the filing of the appeal brief, the examiner
withdrew all grounds of rejection, and entered a new ground of rejection rejecting claims 1-5, 7-12, 19,
20 and 22 over prior art of record and newly cited prior art. See footnote 4, infra. In response to the new
ground, appellant filed a reply brief along with an amendment under 37 CFR § 1.193(b) amending claims
1-4, 7-9, 11, 12, 19, 20 and 22, and adding new claim 26. The examiner notified appellant that both the
reply brief and the amendment had been entered and that the new rejection now included 26.2
Accordingly, claims 1-5, 7-12, 19, 20, 22 and 26 are before us for consideration. We reverse.
The Claimed Subject Matter
The claims on appeal are directed to an electroviscous fluid. Claim 1, as amended under 37 37
CFR § 1.193(b), is representative of the claimed subject matter and reads as follows:
1. A dual energy dependent electroviscous fluid, comprising:
a dielectric liquid; and
a multiplicity of aggregate particles dispersed in said dielectric liquid;
2We note that the amendment has not been clerically processed. Although the examiner indicated that the amendment
had been entered, the file wrapper does not reflect a separate entry for the amendment or that the changes as requested
by appellant have been made to the claims. This oversight should be corrected upon return of the application to the
jurisdiction of the examiner.
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