Appeal No. 95-2622
Application 08/125,524
9. We dismiss the appeal as it applies to the invention of
restricted Claim 12. Claim 12 was withdrawn from further
consideration by the examiner as drawn to a nonelected
invention subject to restriction. The examiner’s restriction
requirement is not subject to review on appeal under 35 U.S.C.
§ 134.
Because we affirm the rejections in paragraphs 3, 4, 6, 7
and 8 above for reasons which are substantially different than
those proffered by the examiner, appellant may treat the
rejections affirmed in paragraphs 3, 4, 6, 7, and 8 above as
NEW GROUNDS OF REJECTION UNDER 37 CFR § 1.196(b).
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