Appeal No. 2000-0572
Application 08/687,643
and the examiner with regard to the merits of these
rejections.2
DISCUSSION
I. Petitionable Matters
The appellants have raised as issues in this appeal the
37 CFR § 1.83(a) objection to the drawings set forth in the
final rejection (Paper No. 9) and the examiner’s refusal to
enter the
amendment (Paper No. 13) filed subsequent to final rejection
on April 7, 1999 (see pages 3, 5 and 13 in the main brief).
These matters, however, are not directly connected with the
merits of issues involving a rejection of claims, and
therefore are reviewable by petition to the Commissioner
rather than by appeal to this Board. See In re Hengehold, 440
F.2d 1395, 1403-04, 169 USPQ 473, 479 (CCPA 1971). Hence,
neither will be reviewed or further discussed in this
decision.
II. The 35 U.S.C. § 112, second paragraph, rejection
2In the final rejection (Paper No. 9), claims 1, 3 and 11
also stood rejected under 35 U.S.C. § 103(a) as being
unpatentable over Foulke. Upon reconsideration (see page 2 in
the answer), the examiner has withdrawn this rejection.
4
Page: Previous 1 2 3 4 5 6 7 8 9 10 Next
Last modified: November 3, 2007