Appeal No. 1996-2468
Application 08/091,899
Claim 2 stands rejected under 35 U.S.C. § 112, second paragraph, for failing to
distinctly claim the subject matter which applicant regards as the invention. Claims
4 and 6 stand rejected under 35 U.S.C. § 112, fourth paragraph, as being in improper
dependent claim form.
The appellant attempted to cancel claims 2, 4, 5, 6 and 9 in an amendment after
final rejection submitted February 23, 1995, which the examiner did not enter. Appellant
subsequently filed an amendment with the appeal, requesting cancellation of claims 2, 4
and 6, which the examiner did not enter.
No arguments have been presented with respect to claims 2, 4 and 6. It appears
clear from the record that it is appellant’s intention to cancel claims 2, 4 and 6, which would
obviate the rejections of record. Until such claims are canceled, the rejections of claims 2,
4 and 6 is affirmed.
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