Appeal No. 1997-3255
Application 08/199,455
Advisory Action mailed May 16, 1995 (Paper No. 9), notified appellants that “[t]he proposed
drawings (Figs. 6 and 7) are not associated with the 4/26/95 Amendment.” Consistent with this,
we do not find informal drawings, “Figs. 6 and 7,” in the instant file wrapper. There is not any
notation on the “Contents” portion of the file wrapper that informal drawings were received with
the amendment filed April 28, 1995 (with Certificate of Mailing April 26, 1995; Paper No. 8),
which suggests that the drawings were not received and entered into the file by the clerical staff
before the file was forwarded for the examiner’s action. (In view of the requirements of 35
U.S.C. § 132, we presume that “Figs. 6 and 7” would not have added new matter to the
disclosure, and we would have reached the same result had the proposed informal drawings been
a part of the instant record.)
CONCLUSION
The rejection of Claims 1-10 is affirmed.
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