Appeal No. 1999-0381
Application No. 07/776,014
4. On May 6, 1996, appellant submitted an amendment after final seeking to amend
claim 1 and cancel claim 2 (Paper No. 23). This amendment after final was denied entry
by the examiner in the advisory action entered May 16, 1996 (Paper No. 24).
5. On August 16, 1996, appellant submitted a second amendment after final seeking
to amend claim 1, cancel claim 2, and add new claims 11 through 13 (Paper No. 26). This
amendment after final was also denied entry by the examiner in the advisory action entered
September 26, 1996 (Paper No. 31).
6. On September 16, 1996, the appellant filed a Notice of Appeal (Paper No. 30).
7. On November 19, 1996, appellant submitted an amendment under 37 CFR §
1.129(a) seeking to amend claim 1, cancel claim 2, and add new claims 11 and 12,
renumbered as 14 and 15 (Paper No. 32). On December 6, 1996, the examiner reopened
prosecution and rejected claims 1, 3 through 10, 14 and 15 over the same ground entered
by the merits panel (Paper No. 33).
8. On March 10, 1997, the appellant filed a second Notice of Appeal (Paper No. 34)
and a second declaration from Edward C.Y. Nieh (Paper No. 35).
9. On April 10, 1997, appellant filed an appeal brief (Paper No. 36). In response, the
examiner entered an examiner’s answer on August 15, 1997 (Paper No. 37).
10. The appellant then submitted a request for reconsideration of the declaration (Paper
No. 38, filed October 14, 1997), a reply brief (Paper No. 39, filed October 17, 1997) and an
Information Disclosure Statement (Paper No. 40, filed October 27, 1997). The examiner
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