Appeal No. 98-0377
Application 08/573,460
We reverse and remand the application for further
consideration.
The invention relates to a flexible cutting line for use
in a weed and grass trimmer. A copy of the appealed claims
appears in the appendix to the appellant’s brief (Paper No.
21).
Claims 1 through 17 stand rejected under 35 U.S.C. § 251
on the basis of the examiner’s determination that “error
‘without any deceptive intention’ has not been established”
(answer, Paper No. 22, page 2).2
Before discussing this rejection, we note that the
appellant has raised as an issue on appeal (see page 9 in the
brief) the propriety of the examiner’s refusal to enter the
amendment (Paper No. 7) filed subsequent to the final
2The examiner entered this rejection in a final rejection
dated July 1, 1998 (Paper No. 15) in response to a remand from
this Board (see Paper No. 14) for reconsideration of the
application in light of the amendments made to 37 CFR § 1.175
effective Dec. 1, 1997, by final rule notice, 62 Fed. Reg.
53131, 53197 (Oct. 10, 1997), 1203 Off. Gaz. Pat. Office 63,
122 (Oct. 21, 1997).
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