Appeal No. 1999-1785
Application No. 08/512,656
concerning the propriety of the examiner's final rejection.
In that regard, appellant argues that the finality of the
rejection was premature, and that the examiner failed to
sufficiently explain the pertinency of the cited references to
the claims on appeal. We must point out, however, that under
35 U.S.C. § 134 and 37 CFR § 1.191, appeals to the Board of
Patent Appeals and Interferences are taken from the decision
of the primary examiner to reject claims. We exercise no
general supervisory power over the examining corps, and
decisions of primary examiners to issue final rejections and
the completeness of those rejections are not subject to our
review. See MPEP §§ 706.07(c), 1002.02© and 1201 (7th ed.,
Jul. 1998). Thus, the relief sought by the appellant would
have properly been presented by a petition to the Commissioner
under 37 CFR § 1.181. Accordingly, we will not further
comment on or consider this issue.
The examiner states (answer, page 2) that “[t]he
rejection of claims 11, 12, 15 and 18-20 stand or fall
together because appellant’s brief does not include a
statement that this grouping of claims does not stand or fall
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