Appeal No. 1999-0653 Page 3
Application No. 08/226,564
Claims 1, 2, 6, 7, 9 and 13 stand rejected under 35 U.S.C. § 102(b) as being
anticipated by Schou.
Claims 1, 2 and 15 stand rejected under 35 U.S.C. § 102(e) as being anticipated by
Murray.4
Reference is made to the main brief and reply brief (Paper Nos. 11 and 13), the first
request to strike ("REQUEST TO STRIKE SUPPLEMENTAL EXAMINER'S ANSWER"
filed May 30, 1997, Paper No. 15) and the second request to strike ("APPLICANT'S
REQUEST TO STRIKE EXAMINER'S RESPONSE" filed October 23, Paper No.18) for the
position of the appellant and to the final rejection, answer and supplemental answer (Paper Nos.
8, 12 and 14) for the position of the examiner with regard to the merits of these rejections.
The appellant's remarks (main brief, page 11) with regard to the propriety of the
examiner's restriction are directed to a petitionable matter and not to an appealable matter. See
Manual of Patent Examining Procedure (MPEP) §§ 1002 and 1201. Accordingly, we will not
review this issue.
Similarly, the appellant's request to strike the examiner's supplemental answer "as
beyond the scope of procedure as set forth in the Code of Federal Regulations relating to
appeals before this Board" (first request to strike, page 2) is directed to a petitionable matter
and not an appealable matter. We note, however, that, while the Code of Federal Regulations
4This rejection was entered as a new ground of rejection in the examiner's answer (page 6).
Page: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 Next
Last modified: November 3, 2007