Appeal No. 96-3407
Application 08/325,549
further consideration by the examiner under the provisions of
37 CFR
§ 1.142(b) as being directed to a nonelected species.
We REVERSE and, pursuant to our authority under the
provisions of 37 CFR § 1.196(b), enter a new rejection of
claims 1, 16 and 17.
The appellant's invention pertains to a device for
storing lengths of elongated flexible material. Independent
claim 1 is further illustrative of the appealed subject matter
and a copy thereof may be found in the appendix to the
appellant's brief.
The references relied on by the examiner are:
Chong 4,015,795 Apr. 5, 1977
Harrill 4,244,536 Jan. 13, 1981
The claims on appeal stand rejected in the following
manner:2
Claims 18, 19, 22, 24, 26, 33 and 34 under 35 U.S.C. §
2In the final rejection claims 1 and 17 were rejected
under the judicially created doctrine of obviousness-type
double patenting. In view of the lack of any mention of this
rejection in the answer, we presume that the examiner has
withdrawn the final rejection of claims 1 and 17 on this
ground. See Ex parte Emm, 118 USPQ 180, 181 (Bd. App. 1957).
2
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