Appeal No. 97-1884
Application 08/051,377
DECISION ON APPEAL
This is an appeal from the final rejection of claims 1
through 3, 11 and 14 through 20. In the final rejection,
claims 4 through 10 and 13 were objected to as being dependent
upon a rejected base claim, but would be allowable if
rewritten in independent form including all of the limitations
of the base claim and any intervening claims. In an Amendment
After Final (paper number 16), claim 11 was amended, and
claims 4 and 13 were rewritten in independent form. In an
Advisory Action (paper number 17), the examiner indicated that
claims 4 through 11 and 13 were allowed, and that claims 1
through 3 and 14 through 20 were rejected. Appellants’
amendment (paper number 29) filed in response to a new ground
of rejection of claims 14 through 19 in the Answer (paper
number 27) was not entered by the examiner (paper number 30).
Appellants’ Petition to the Commissioner (paper number 31)
requesting entry of the amendment and a reply brief was denied
(paper number 32). As a result of appellants’ failure to file
a timely response to the new ground of rejection of claims 14
through 19, the appeal as to these claims is dismissed.
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Last modified: November 3, 2007