Ex parte TAGG - Page 2




          Appeal No. 1998-3315                                                        
          Application 08/739,065                                                      




               The examiner’s rationale for rejecting claim 1 under 35                
          U.S.C.  112, second paragraph, was that the term “sides of                 
          the socket forming opening” lacked proper antecedent basis.                 
          In treating the examiner’s rejection of claim 1 under 35                    
          U.S.C.                                                                      
           112, second paragraph, we stated on pages 7 and 8 of our                  
          decision that neither appellant’s brief nor appellant’s reply               
          brief addressed this rejection, that appellant has in effect                
          acquiesced in the rejection, and that, accordingly, this                    
          rejection was being summarily affirmed.                                     
               Appellant now, for the first time, directly challenges                 
          the examiner’s rationale.  Specifically, appellant now asserts              
          that                                                                        
               the term “sides” is being used for the first time                      
               [in the claim] and is not being stated as “said                        
               sides” but simply as “sides” of the socket-forming                     
               opening in the base.  Applicant believes that this                     
               is acceptable language and that the Examiner’s                         
               Section 112, second paragraph, rejection is in err                     
               [sic, error] [request, page 1].                                        
               The attempt to raise this issue in the request for                     
          rehearing is improper and will not be considered.  37 CFR                   
          1.197(b) requires a request for rehearing to state with                     
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