Appeal No. 97-1442
Application 08/353,631
the instant application is a divisional application of application Serial No. 08/254,525, now U.S.
Patent No. 5,400,711. Application Serial No. 08/254,525 is in turn a divisional application of
application Serial No. 08/172,253, now U.S. Patent No. 5,345,865. During the prosecution of
the 08/172,253 application the examiner made a restriction requirement between apparatus and
method claims and an election of species requirement between the apparatus claims directed to
embodiments depicted in Figures 2 and 4 in the event the apparatus claims were elected. In
response to these requirements, the appellant elected apparatus claims with traverse and further
elected the species of the embodiment depicted in Figure 2 (Paper No.2 in 08/172,253). As such,
the claims directed to the method claims and the apparatus claims of the embodiment of Figure 4
were withdrawn from consideration (Paper No.3 in 08/172,253). Claims 11-13 which were
directed to the embodiment of Figure 4 were subsequently cancelled to place the case in condition
for allowance. The application was allowed and among the allowed claims were claims 8 and 10
which also correspond to the embodiment of Figure 4.
A divisional application Serial No. 08/254,525 was filed and another restriction
requirement was made between method claims and apparatus claims which correspond to the
embodiment depicted in Figure 4. The appellant elected the method claims with traverse and
4
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