Appeal No. 1998-2066
Application No. 08/315,629
paragraph, issues, since the error occurred after the brief was
filed. Nor does the error explain the appellant’s failure to
file a timely reply brief addressing the § 112, second paragraph,
issues after having received the advisory action mailed November
7, 1997 and the examiner’s answer repeating the § 112, second
paragraph, rejection of claims 1 through 4 and 8 through 20.
We also note that the advisory action mailed December 18,
1997, does not state that the appellant’s brief was untimely.
Rather, it clearly states that “the proposed amendment filed
December 5, 1997 is not timely and cannot be considered and/or
entered.” See Paper No. 37, p. 2.3
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 deny entry of amendments are
not subject to our review. See 37 CFR § 1.127 and Manual of
Patent Examining Procedure (MPEP) §§ 1002.02(c) and 1201 (7th
3 37 CFR § 1.116(b) reads:
If amendments touching the merits of the application or patent under
reexamination are presented after final rejection, or after appeal has
been taken, or when such amendment might not otherwise be proper, they
may be admitted upon a showing of good and sufficient reasons why they
are necessary and were not earlier presented.
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