Appeal No. 98-1396
Application 08/300,666
Claims 2, 7-10, 14, 15 and 17 stand rejected under 35 U.S.C. § 112 second
paragraph.
Rather than reiterate the conflicting viewpoints advanced by the Examiner and the
appellants, we make reference to the appeal brief, filed July 28, 1997, (Paper No. 13) and
examiner's answer mailed November 17, 1997, (Paper No. 14) and remailed on June 29,
1998, (Paper No. 16) for the details thereto.
OPINION
After a careful review of the evidence before us, we reverse.
As a consequence of our review, we make the determinations which follow.
OBJECTIONS
We are limited in our scope of review merely to consider rejections of claims based
upon the administrative record. See In re Hengehold, 440 F.2d 1395, 169 USPQ 473
(CCPA 1971). Appellants have presented argument in the brief that the
Examiner previously indicated claim 13 as allowable and that the new independent claims
were drafted similar to claim 13. The Examiner has rebutted the argument
thereto. If appellants dispute the administrative processing of the prosecution, the proper
procedure is to seek review by way of petition to the Commissioner/Group Director.
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