Appeal No. 97-1278
Application No. 08/046,286
and the presently appealed claims could have been properly
filed in one application with, of course, the properly named
inventors. We note that the Rieger patent and the present
application have four common inventors.
In addition, by filing a divisional application and not
electing and prosecuting the appealed claims in the parent
application, appellants have established that they, and not
the PTO, controlled the rate of progress of the present
application. In re Goodman, 11 F.3d 1046, 1053, 29 USPQ2d
2010, 2016 (Fed. Cir. 1993).
In conclusion, based on the foregoing, the examiner's
decision rejecting the appealed claims is affirmed.
No time period for taking any subsequent action in
connection with this appeal may be extended under 37 CFR
§ 1.136(a).
AFFIRMED
EDWARD C. KIMLIN )
Administrative Patent Judge )
)
)
liquid-crystalline media containing at least one compound of
the formula I.
-6-
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