Appeal No. 98-2417
Application 08/570,894
regarding 1) the premature finality of the Office action
mailed June 20, 1997, 2) the second restriction requirement
imposed by the examiner, 3) the withdrawal of claims 12
through 14 from further consideration, and 4) the refusal of
the examiner to consider the Supplemental Citation of
Information (Paper No. 11), relates to subject matter which is
reviewable by way of petition to the Commissioner and not by
appeal to this Board. Contrary to appellant’s apparent
understanding, this Board does not exercise any general
supervisory authority over the Examining Corps. Under 35
U.S.C. § 134 and 37 CFR § 1.191, appeals may be taken from the
decision of the primary examiner to reject claims. Issues
relating to an examiner's requirement for restriction,
finality of a rejection, and the other issues mentioned above
are reviewable by way of petition under 37 CFR § 1.181, not by
appeal
to this Board. See, e.g., In re Hengehold, 440 F.2d 1395,
1403, 169 USPQ 473, 479 (CCPA 1971).
Looking now to the examiner's prior art rejection of
claims 1 through 11 under 35 U.S.C. § 102(b), we are in full
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