Ex parte KATOH - Page 2






             Appeal No. 97-2546                                                                                   
             Application 08/399,722                                                                               



             February 7, 1997 (Paper No. 17).  The above enumerated claims                                        

             are all of the claims recognized by appellant and the examiner                                       

             as remaining in the application, claims 1, 2, 4, 6 and 15                                            

             through 24 having purportedly been canceled.2                                                        



             Appellant’s invention is directed to a watertight                                                    

             grommet. Independent claims 34 and 35 are representative of                                          

             the subject matter on appeal and a copy of those claims may be                                       

             found in Paper No. 17, filed February 7, 1997.                                                       



             The references of record relied upon by the examiner in                                              

             rejecting the appealed claims are:                                                                   

             Ono et al. (Ono)              4,797,513       Jan. 10, 1989                                          
             Oikawa et al. (Oikawa)        4,928,349       May  29, 1990                                          
                                                                                                                 
             Takayanagi et al. (Takayanagi)6-150,757       May  31, 1994                                          
             (Japanese) (Translation attached)                                                                    








                    2  While both the examiner and appellant seem to be in agreement that claim 22                
             has been canceled, our review of the record reveals no formal amendment which has                    
             actually requested cancellation of claim 22.  However, since the rejections before us on             
             pages 4 and 5 of the answer have not treated claim 22, we leave it to appellant and the              
             examiner to clarify the status of this claim during any further prosecution of the                   
             application before the examiner.  We also observe that the amendment filed August 1,                 
             1996 has not yet been fully entered.  Note particularly, page 4 of that amendment.                   

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