Appeal No. 1997-4125 Page 6 Application No. 08/261,523 A rejection not referred to in an examiner’s answer is assumed to have been withdrawn. Ex parte Emm, 118 USPQ 180, 181 (Bd. Pat. App. & Int. 1958) (citing Ex parte Charch, 102 USPQ 363, 364 (Bd. Pat. App. & Int. 1954) and Ex parte Hill, 93 USPQ 45, 46 (Bd. Pat. App. & Int. 1952)). In the subsequent and final examiner’s answer, viz., the Second Supplemental Examiner’s Answer (Paper No. 19), the examiner neither repeats nor references the rejection under 35 U.S.C. � 112, � 1. He only discusses the obviousness rejection therein. Therefore, we conclude that the rejection under 35 U.S.C. � 112, � 1 has been withdrawn. Considering the rejection on its merits arguendo, however, we note that the term “simultaneously” has been deleted from the claims. (Paper No. 18 at 2-4.) Because the rejection was based on the addition of the term to the claims, its deletion renders the rejection moot. Next, we address the obviousness of the claims.Page: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 14 NextLast modified: November 3, 2007