Appeal No. 98-0585
Application No. 08/638,526
allowable subject to the requirement that it be rewritten to
include the subject matter of parent claim 4.2
We AFFIRM.
The appellant's invention pertains to a disk brake
assembly.
Independent claim 1 is further illustrative of the appealed
subject matter and a copy thereof may be found in the
attachment to the brief styled "CLAIMS ON APPEAL."
The reference relied on by the examiner is:
Japanese patent (Sakazume) 3 61-31733 Feb. 14, 1986
Claims 1-4 stand rejected under 35 U.S.C. § 102(b) as
being anticipated by Sakazume.
2The examiner first indicated that claim 5 contained
allowable subject matter in the answer. In response to the
answer the appellant filed a reply brief which (1) stated that
"[c]laim 4 has been amended to include claim 5 and is now in
condition for allowance" (see page 1) and (2) had attached
thereto a copy of claim 4 in rewritten form under the heading
"CLAIM ALLOWED." The appellant, however, has submitted no
formal amendment which amends claim 4 and cancels claim 5, and
the examiner has simply stated that the reply brief was
entered (see Paper No. 10). The appellant should submit such
a formal amendment within two months of the date of this
decision.
3Translation attached.
2
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