Ex parte DELUCIA - Page 11




          Appeal No. 1997-1135                                                        
          Application 08/375,196                                                      


          supplemental answer (page 3).  Thus, it appears that the                    
          examiner considers this amendment to overcome the rejection                 
          and, therefore, has withdrawn the rejection.  Appellant’s                   
          amendment, however, has not been entered.  Hence, we remand                 
          the application to the examiner for entry of this amendment.                


               As pointed out by the examiner (answer, page 7), the                   
          examiner did not approve entry of appellant’s amendment filed               
          on March 11, 1996 (paper no. 15) (advisory action mailed April              
          2, 1996, paper no. 16).  This amendment, however, has been                  
          entered.  We remand the application to the examiner for                     
          withdrawal of the entry of this amendment.                                  
                                      DECISION                                        
               The rejections of claims 1, 3-9, 11-13 and 24-27 under                 
          35 U.S.C. § 112, second paragraph, and claims 1, 3-9, 11-13                 
          and 22-27 under 35 U.S.C. § 103 over Shiba or Carey, Jr., in                
          view of Keuchel, are reversed.                                              
                                REVERSED and REMANDED                                 





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