Ex parte BOWERS - Page 3




                     Appeal No. 1997-0706                                                                                                                                              
                     Application No. 08/040,528                                                                                                                                        

                     compatible with either said first set of signals or said                                                                                                          
                     second set of signals to configure said chip socket to support                                                                                                    
                     operation of either said first chip type or said second chip                                                                                                      
                     type installed in said chip socket.                                                                                                                               


                                The Examiner’s Answer cites the following prior art                                                                                                    
                     references:                                                                                                                                                       
                     Powell                                                4,319,343                                             Mar. 09, 1982                                         
                     Chuang                                                5,546,563                                             Aug. 13, 1996                                         
                                                                           (effectively filed Apr. 22, 1991)                                                                           
                                As a result of a new ground of rejection in the Answer,                                                                                                
                     claims 1, 6, 7, 12, 13, 18, and 19 stand rejected under 35                                                                                                        
                     U.S.C. § 102(e) as being anticipated by Chuang.                                                      1                                                            
                                Rather than reiterate the arguments of Appellant and the                                                                                               
                     Examiner, reference is made to the Briefs  and Answer, as well                          2                                                                         
                     as to the Examiner’s comments in the attachment to the                                                                                                            

                                1 Although the Examiner, in the final Office action, had                                                                                               
                     made a prior art rejection based on Powell, no mention of this                                                                                                    
                     rejection is made in the Examiner’s Answer or in the                                                                                                              
                     attachment to the Advisory action (Paper No. 28, mailed                                                                                                           
                     October 14, 1999), which responds to Appellant’s Reply Brief.                                                                                                     
                     We conclude, therefore, that the rejection based on Powell has                                                                                                    
                     been withdrawn.  See Ex parte Emm, 118 USPQ 180, 181 (Bd. App.                                                                                                    
                     1957).                                                                                                                                                            
                                2The Appeal Brief (revised) was filed July 25, 1996.  In                                                                                               
                     response to the Examiner’s Answer dated October 17, 1996, a                                                                                                       
                     Reply Brief was filed November 6, 1996 which was entered and                                                                                                      
                     discussed by the Examiner in the Advisory action mailed                                                                                                           
                     October 14, 1999.                                                                                                                                                 
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