Appeal No. 2000-0002
Application 08/848,477
Nevertheless, as appellant properly observes at page 8 of his
brief, we do not have the authority to resolve the examiner's
objection.
Pursuant to 35 U.S.C. § 134 the Board of Patent Appeals
and Interferences has authority to review rejections of the
claims of an applicant for patent. A refusal to grant claims
to an applicant for patent based on a substantive reason under
the statute is a rejection of a claim as contrasted with an
examiner's refusal to grant a claim based on a formal
objection to the claims or application, which is an objection.
As also correctly noted by appellant in his brief, appellant's
recourse to the examiner's objection, was by way of a petition
under 37 C.F.R. 1.181(a)((1) not by an appeal under 35 U.S.C.
§ 134. Accordingly, we do not have authority to reach the
issue of the propriety of the examiner's objection.
OPINION
The claims before us are so-called "product-by-process"
5
Page: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 Next
Last modified: November 3, 2007