Appeal No. 1998-3004 Page 4
Application No. 08/290,590
1996) and reply brief (Paper No. 19, filed August 4, 1997) for
the appellants' arguments thereagainst.
OPINION
Initially we note that on pages 9-12 of the brief the
appellants seek our review of the decision by the examiner
(Paper No. 10) refusing entry of the amendment (Paper No. 9)
after final filed August 2, 1996. However, the refusal by the
examiner to enter the appellants' amendment after final
rejection relates to a petitionable matter and not to an
appealable matter. See In re Schneider, 481 F.2d 1350, 1356-
57, 179 USPQ 46, 51 (CCPA 1973) and In re Mindick, 371 F.2d
892, 894, 152 USPQ 566, 568 (CCPA 1967). See also Manual of
Patent Examining Procedure (MPEP) (7th Ed., July 1998) §
1002(c), item 3(b) and § 1201. Thus, the relief sought by the
appellants would have been properly presented by a petition to
the Commissioner under 37 CFR §§ 1.127 and 1.181 instead of by
appeal to this Board. Accordingly, we will not further
consider this issue.
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