Appeal No. 1999-0636 Page 19
Application No. 08/828,375
claims on appeal? Christison discloses an extensible guard
(comprising vertical members 16-18 and links 19) slidably
supported by means of U bolts (29) fitting about a plurality
of disposed rods (28) secured within a cabinet (31) mounted to
a wall (30). With particular reference to claim 20, as noted
in column 2, lines 16-19, the U bolts are bent to permit
pivotal movement of the entire guard about the rods (28).
This application, by virtue of its "special" status,
requires immediate action. Manual of Patent Examining
Procedure (MPEP) § 708.01 (7th ed., July 1998). Further, it
is important that the Board of Appeals and Interferences be
informed promptly of any action affecting the status of the
appeal.
CONCLUSION
To summarize, the decision of the examiner to reject
claims 20, 16, 18, 21, 24 and 26 through 28 under 35 U.S.C. §
102(b) is affirmed as to claim 21 but reversed as to claims
20, 16, 18, 24 and 26 through 28. The decision of the
examiner to reject claims 25, 7, 8 and 10 under 35 U.S.C. §
103 as being unpatentable over Martinek in view of La Mell and
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