Appeal No. 98-1563 Page 7
Application No. 08/469,198
the original application or any patent issued on either
of them, if the divisional application is filed before
the issuance of the patent on the other application.
A review of the record in the parent application (i.e.,
Application No. 08/174,693, filed December 27, 1993, now U.S.
Patent No. 5,478,234) reveals the following facts:
1. An Election/Restriction requirement (Paper No. 5) was
mailed on March 14, 1994. In that action, the appellants were
required to elect a single disclosed species from the
embodiments of Figures 2, 3, 4, 5 and 26.
2. The appellants filed a response (Paper No. 6) on April
11, 1994. In that response, the appellants elected Figure 3
with traverse and noted that claims 1-4 and 7-29 correspond
thereto.
3. In the succeeding Office actions (Paper Nos. 7 and
10), the examiner held claims 5 and 6 withdrawn from 6
consideration.
4. On June 5, 1995, the appellants submitted an amendment
after final (Paper No. 14) which canceled claims 5 and 6 and
6Claim 5 added the limitation that the sintering furnace
is a rotary kiln to parent claim 4.
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