Ex parte WAGNER et al. - Page 3




                 Appeal No. 2000-1475                                                                                     Page 3                        
                 Application No. 08/844,016                                                                                                             







                          Claims 1 to 4 and 11 to 13 stand rejected under 35 U.S.C.                                                                     
                 § 102(b) as being anticipated by Rivard.  As stated on page 3                                                                          
                 of the answer  (Paper No. 17, mailed February 25, 2000), this2                                                                                                              
                 rejection is set forth in the first Office action (Paper No.                                                                           
                 6, mailed September 25, 1998).  With regard to this rejection,                                                                         
                 the first Office action (p. 2) provided "[n]ote pressure                                                                               
                 sensors 29, 31, flow rate determination means (see column 7,                                                                           
                 lines 1-18) and driver's wish valve determining mean 125 (see                                                                          
                 claim 4)."                                                                                                                             



                          2The answer was mailed to ROBERT S. M. GORMAN, FULBRIGHT                                                                      
                 & JAWORSKI, L.L.P., 666 FIFTH AVENUE, NEW YORK, NY 10103.                                                                              
                 This correspondence address replaced the original                                                                                      
                 correspondence address of FELFE & LYNCH, 805 THIRD AVENUE, NEW                                                                         
                 YORK, NY 10022 due to a change of address (Paper No. 9, filed                                                                          
                 June 21, 1999) signed by Robert S. M. Gorman, Reg. No. 41,                                                                             
                 790.  A change of correspondence address may not be signed by                                                                          
                 an attorney or agent not of record.  37 CFR § 1.33(a); MPEP §§                                                                         
                 405 & 601.03.  Our review of the record fails to reveal that                                                                           
                 Robert S. M. Gorman is an attorney or agent of record.                                                                                 
                 Accordingly, the examiner should determine the correct                                                                                 
                 correspondence address.  In view of the possible error in                                                                              
                 changing the correspondence address, we will mail this                                                                                 
                 decision to both addresses.                                                                                                            







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