Appeal No. 1999-1821 Page 3
Application No. 08/725,335
drawn to a nonelected invention. Claims 1, 2 and 38 have been
canceled.3
We REVERSE.
BACKGROUND
The appellant's invention relates to a device for forming
a connection between connectable elements. An understanding
of the invention can be derived from a reading of exemplary
claim 32, which appears in the appendix to the appellant's
brief.
The prior art reference of record relied upon by the
examiner in rejecting the appealed claims is:
Johnston 443,855 Dec. 30, 1890
Claims 25, 26, 34 and 39 stand rejected under 35 U.S.C.
3Claim 2 was canceled by the appellant's entered
amendment after final rejection (Paper No. 8, filed July 27,
1998). However, both the appellant in the brief and the
examiner in the answer (Paper No. 12, mailed January 21, 1999)
have mistakenly treated claim 2 as pending.
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