Appeal No. 1996-4079
Application No. 08/239,916
English language translation of the certified copy prior to
filing their appeal, the examiner was never provided the
opportunity prior to our decision to determine if any of
appellants’ claims are, in fact, entitled to any benefit under
35 U.S.C. § 119(a)-(d) and 37 CFR § 1.55(a). Obviously,
appellants’ delay in filing the English translation required
by 37 CFR
§ 1.55(a) was not caused by anything contained in our
decision.
Appellants’ attempt to belatedly present new arguments
directed to the examiner’s rejection of claims 1 through 13,
is unavailing, since a new argument advanced in a request for
rehearing, but not advanced in appellants’ brief, is not
properly before the Board and will not be considered. See Ex
parte Hindersinn, 177 USPQ 78, 80 (Bd. App. 1971) and Ex parte
Harvey,
163 USPQ 572, 573 (Bd. App. 1968) (Question not presented to
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