Appeal No. 98-1207 Page 6
Application No. 08/420,648
The appellant responded to this rejection in the brief
(pp. 2, 4 and 7) by stating that the unentered amendment after
final would overcome this rejection. In the answer (p. 6),
the examiner assumed it was the appellant's intention to
correct claim 25 per the unentered amendment after final to
overcome the rejection of claims 25 through 31 under 35 U.S.C.
§ 112, second paragraph.
Since no further amendment has been filed by the
appellant, it is our determination that the rejection under 35
U.S.C. § 112, second paragraph, made in the final rejection is
before us in this appeal. Since no amendment has yet been
submitted and entered to overcome this rejection, we summarily
sustain the rejection of claims 25 through 31 under 35 U.S.C.
§ 112, second paragraph.
The obviousness rejections
Claims 17 through 21, 23, 24, 32, 33, 35 through 39 and
41 stand rejected under 35 U.S.C. § 103 as being unpatentable
over Downey in view of Bishop.
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