Appeal No. 1997-3912
Application 08/016,979
appeal is that set forth with respect to the claims attached
to the initial reply brief of May 31, 1996.
Pages 3 and 4 of the supplemental answer take the
position that the newly added limitations of claims 39 through
42 as presented in the first reply brief are taught in Moyer.
We agree. Because the supplemental reply brief of November
25, 1996 has not been entered by the examiner, we have not
considered any arguments presented therein. It is further
noted, however, that the supplemental reply brief presented in
an untimely manner substantial new amendments to the claims on
appeal which have obviously not been entered as reflected by
the examiner's statement in the communication on February 6,
1997. On the basis on this view of the examiner, the
appellants appear to have impliedly admitted the propriety of
the examiner's rejection because of the stated substantial
amendments to the claims on appeal in the supplemental reply
brief.
In view of the foregoing, the decision of the examiner
rejecting claims 39 through 42 under 35 U.S.C. § 102 as being
anticipated by Moyer is affirmed.
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