Appeal No. 97-2547
Application 07/949,042
the examiner (Paper No. 23) for consideration of the amendment
and indicated that our review of the request for
reconsideration would be held in abeyance until the return of
the application to this Board. Ultimately, the examiner
issued a final action (Paper No. 26) withdrawing the 35 U.S.C.
§ 112, first and second paragraph, rejections of claim 48 as
amended and rejecting this claim under 35 U.S.C. 102(b) as
being anticipated by DeHart and under 35 U.S.C. § 103 as being
unpatentable over DeHart in view of Russell. The appellants 3
then took the instant appeal.
Turning first to the appellants’ request for
reconsideration of our affirmance in the earlier appeal of the
35 U.S.C. § 102(b) rejection of claims 21 and 26, it is noted
as a preliminary matter that the appellants have moved to
strike that portion of the examiner’s answer (Paper No. 37)
filed in connection with the current appeal which comments on
the request for reconsideration. According to the appellants,
3The final action also included a new 35 U.S.C. § 112,
second paragraph, rejection of claim 48 as amended. The
examiner withdrew this rejection in light of the further
amendment of claim 48 subsequent to final action (see the
advisory action dated April 8, 1996, Paper No. 31).
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