Appeal No. 98-0409
Application 08/420,480
final rejection. Under 35 U.S.C. § 134 and 37 CFR § 1.191,
appeals to the Board of Patent Appeals and Interferences are
taken from the decision of the primary examiner to reject
claims. We exercise no general supervisory power over the
examining corps and the decision of a primary examiner to make
a particular Office action final is not subject to our review.
See Manual of Patent Examining Procedure (MPEP) §§ 706.07(c)
and 1002.02(c) (6th ed., Rev. 3, Jul. 1997); see Ex parte
Jackson, 1926 C.D. 102, 104 (Comr. 1924). Thus, the relief
sought by the appellants should have properly been presented
by a petition to the Commissioner under 37 CFR § 1.181.
We have carefully reviewed the appellants' invention as
described in the specification, the appealed claims, the prior
art applied by the examiner and the respective positions
advanced by the appellants in the brief and by the examiner in
the answer. As a consequence of this review, we will sustain
the rejections under 35 U.S.C. § 103 of claims 1-3, 5, 7 and 9
based on Goss and claims 4 and 15-19 based on the combined
teachings of Goss and Benward. We will not, however, sustain
the rejection under
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