Appeal No. 98-0102
Application 08/030,734
The references applied by the examiner in the final
rejection are:
Gould 2,191,198 Feb. 20, 1940
Morrison 2,356,778 Aug. 29, 1944
Derosier 4,399,664 Aug. 23, 1983
O’Reilly 4,407,142 Oct. 04, 1983
The claims on appeal stand finally rejected as follows:
1. Claims 1 to 3, 5 to 7, 10, 24 to 29, 32 and 33, as
being unpatentable over Morrison, under 35 USC § 103;
2. Claims 4, 12 and 15 as being unpatentable over
Morrison in view of Derosier or O’Reilly, under 35 USC § 103;
3. Claims 30 and 31, as being unpatentable over
Morrison in view of Gould, under 35 USC § 103.
We note initially that appellant asserts on page 49 of
his brief that the final rejection was premature, and on page
52, that the amendment after final rejection (footnote 2,
supra) should not have been denied entry. However, these are
matters which are not within our jurisdiction to consider, and
should have been raised by petition to the Commissioner under
37 CFR 1.181, rather than on appeal to this Board. See Ex
3
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