Appeal No. 2001-0533
Application No. 09/322,043
appellants disagree as to whether claim 3 has been canceled or
is still pending. No other claim remains in the application.1
1The instruction to "[a]dd the following Claim [new claim 10]
(replacing original claim 3)" on page 2 of the amendment filed March 24, 2000
(Paper No. 3) appears to us to be an instruction to add a new claim 10 and to
cancel claim 3. Moreover, it is apparent from the examiner's comments on page
2 of the answer that the examiner has so treated that instruction. In any
event, in that the examiner has not rejected claim 3, we leave its status to
be addressed by the primary examiner.
2
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