Ex parte PANETTA et al. - Page 7


                Appeal No. 1997-2741                                                                             
                Application 08/213,873                                                                           


                                                  Other Issues                                                   
                       We note that the application file contains an Information Disclosure                      
                Statement that was submitted on August 5, 1994, before the first Office action.                  
                The IDS was never initialed by the examiner to show that he considered the cited                 
                references.  We also note that only the first two of the cited references are                    
                currently in the application file.  (Whether the other references cited were also                
                present at one time, we cannot tell.)  Upon return of the case, the examiner                     
                should treat the IDS as appropriate under 37 CFR §§ 1.97 and 1.98.                               





























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