Appeal No. 2001-0560 Page 5
Application No. 08/603,719
For the foregoing reasons, we shall not sustain the
examiner’s rejection of claims 99 and 100 or of claims 50 , 3
54-84 and 101-103 which depend from claims 99 and 100.
2(...continued)
words in a claim must be considered in judging the patentability of that claim
against the prior art (In re Wilson, 424 F.2d 1382, 1385, 165 USPQ 494, 496
(CCPA 1970)).
3On page 1 of the brief, appellants request that claim 50, which
depends from canceled claim 49, be amended to depend from claim 100. Although
appellants have not filed a proper amendment changing the dependency of claim
50, for purposes of this appeal, we shall treat claim 50 as depending from
claim 100. Upon return of this application to the primary examiner, the
examiner should take appropriate action to ensure that such an amendment is
made.
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