Appeal No. 1997-0272
Application No. 08/277,388
Reference is made to the briefs and answer for the 1
respective positions of appellant and the examiner.
OPINION
At the outset, we note that the examiner’s objection to
the drawings is a petitionable, and not an appealable, matter.
However, this objection appears to be tied in with the
examiner’s rejections under 35 U.S.C. § 112 and the examiner
may wish to reconsider his position regarding the drawings in
view of our decision, infra.
We turn, first, to the rejections under 35 U.S.C. § 112,
first and second paragraphs. Apparently, the examiner bases
both of these rejections on an alleged misunderstanding of how
Figures 9-14 relate to each other and how they correspond to
Figures 4-7. More specifically, the examiner questions, inter
alia, where the temperature sensitive resistors are and what
constitutes the temperature compensation circuit. It is not
clear to the examiner where the claimed elements are shown in
the drawings.
1While not labeled as such, a reply brief was filed on
November 17, 1999 (Paper No. 22) and entered by the examiner.
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