Appeal No. 1998-1711 Page 2
Application No. 08/506,387
BACKGROUND
The appellants' invention relates to a modular apparatus for washing and wiping a
vehicle windshield comprising at least two modules, one being adapted to contain a windshield
washing liquid and the other module supporting means for wiping the windshield. One of the
modules comprises at least one further liquid reservoir (specification, page 3).
The prior art references of record relied upon by the examiner in rejecting the appealed
claims are:
Penkwitz 3704325 Aug. 25, 1988
(German patent document)
Eustache et al. (Eustache) 588,708 Mar. 23, 1994
(European patent application)
The following rejections stand before us for review.2
2 The appellants' assertion that the examiner's objection to the drawings under 37 CFR § 1.83 is a rejection
of the claims (reply brief, pages 3-4) and, thus, is an appealable matter is not well taken. In that we exercise no
general supervisory power over the examining corps, we decline to consider the issue of whether the examiner
abused his discretion in this matter. The relief sought by the appellants would appear to have properly been
presented by petition under 37 CFR § 1.181. See 37 CFR § 1.113 and Manual of Patent Examining Procedure
(MPEP) §§ 1002 and 1201. As to the second issue raised by the appellants (i.e., whether the addition of the
reference number "36" on page 7 of the specification is new matter), we note that there is no indication in the record
that the examiner has objected to this insertion as new matter
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