Appeal No. 98-1396
Application 08/300,666
Therefore, we make no findings thereto. Furthermore, the Examiner has included
objections in the examiner's answer. The objection to the specification based on 35
U.S.C. § 112, first paragraph, lack of written description is an "objection" under 35 U.S.C.
§ 132, which the Board has no jurisdiction to review. Such matters are reviewable by
petition to the Commissioner. The Board's jurisdiction is limited to those matters involving
the rejection of claims. Id. 440 F.2d at 1404, 169 USPQ at 480. However, our decision
regarding the § 112 rejection governs the merits of the objection.
35 U.S.C. § 112, FIRST PARAGRAPH
We address the rejections under 35 U.S.C. § 112, first and second paragraphs, for
completeness rather than summarily sustain the rejections. Claims 7-10 are rejected
under 35 U.S.C. § 112, first paragraph, based on lack of an adequate written description.
The Examiner has only rejected claims 7-10.
The Examiner has set forth rejections under 35 U.S.C. § 112, first and second
paragraphs, in the final Office action. Appellants responded in an after-final amend-ment.
In response to the amendment after final filed March 28, 1997, (Paper No. 11), by
appellants, the Examiner mailed an Advisory action on May 1, 1997, (Paper No. 12),
indicating that the Examiner would enter the amendment upon filing an appeal and that the
claims remained rejected. The Advisory action did not indicate that any rejections were
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