Appeal No. 96-1898
Application No. 07/921,826
arguments for and against, only indicate that there are,
indeed, 23 claims with claim 2 being canceled. Although
appellant presented the claims in the appendix of the latest
principal brief as being correct, and the examiner apparently
acquiesced in that this was a correct copy of the claims on
appeal [note the last line of page 3 of the principal answer
of May 31, 1995, which was confirmed by the examiner in the
communication of November 13, 1996 (Paper No. 20) wherein the
examiner chose to rely on the original answers and that “[n]o
further comment” was deemed necessary by the examiner], the
claims presented for appeal in the appendix to the latest
principal brief is not correct.
Apparently, an error in this new set of claims presented
by appellant was made in including a claim “5" which was
redundant of what was already recited in claim 4 (with the
addition of depending from claim 2, a canceled claim) and
then, every claim thereafter was labeled with a number which
was one integer greater than its intended number.
Accordingly, in analyzing the claims, and making our decision,
we presume that claim 5 in the appendix to the latest
4
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