Ex parte JONES - Page 2




                     Appeal No. 1998-2827                                                                                                                                              
                     Application 08/614,494                                                                                                                                            


                     remaining in the application, have been indicated by the                                                                                                          
                     examiner as being allowable if rewritten in independent form                                                                                                      
                     to include all the limitations of the base claim from which                                                                                                       
                     they depend and any intervening claim.  On page 1 of the brief                                                                                                    
                     under the heading “Status of Claims,” appellant states that                                                                                                       
                     “Claims 9-13 and 22 are rejected” and that “Claims 9-13 are                                                                                                       
                     being appealed.”  Thus, by implication, the final rejection of                                                                                                    
                     claim 22 is not being appealed.   Accordingly, the appeal as       2                                                                                              
                     to claim 22 is dismissed, leaving for our consideration only                                                                                                      
                     the rejection of claims 9-13.                                                                                                                                     
                                This appeal is related to Appeal No. 1999-0117 in                                                                                                      
                     appellant’s copending Application No. 08/702,948 in that the                                                                                                      
                     claimed subject matter in both appeals relates to a bone                                                                                                          
                     implant device.                                                                                                                                                   
                                Appellant’s invention pertains to a dental or skeletal                                                                                                 
                     implant for attaching prosthetic devices to bone tissue.                                                                                                          
                     Claim 9 is illustrative of the appealed subject matter and                                                                                                        
                     reads as follows:                                                                                                                                                 
                                9.         A device for implantation in bone tissue, the device                                                                                        

                                2The cover letter accompanying the corrected brief makes                                                                                               
                     clear that this is appellant’s intent.                                                                                                                            
                                                                                          2                                                                                            





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