Appeal No. 95-3678
Application 07/545,786
to the dependent claims [brief, page 22]. Appellant’s
representative at oral hearing confirmed that the arguments on
this issue did not include unamended claims 10 and 15. Since
claims 10 and 15 are the exact same claims that were considered
by the Board in its previous decision, and since appellant has
identified no new questions of fact or law which are applicable
to these claims, we sustain the rejection on Res Judicata as it
applies to claims 10 and 15.
In summary, we have not sustained the examiner’s position
on Res Judicata with respect to claims 2-4 and 7-9, but we have
sustained this rejection with respect to claims 10 and 15. We
also have not sustained the examiner’s rejection of claims 1, 11,
13 and 14 under 35 U.S.C. § 103. Accordingly, the decision of
the examiner rejecting claims 1-4, 7 -11 and 13-15 is affirmed-2
in-part.
No time period for taking any subsequent action in
connection with this appeal may be extended under 37 CFR
2Claim 7 depends from canceled claim 5. Appellant has
indicated a willingness to change its dependency to claim 1.
(Paper 32 at 3, not entered.) Appellant may change the
dependency accordingly, pursuant to 37 CFR § 1.196(c).
11
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