Appeal No. 1999-0009
Application 08/648,386
Sakata even further in view of Nakatsuma. We proceed to
claim 23.
III. Claim 23
A rejection not referred to in an examiner’s answer is
assumed to have been withdrawn. Ex parte Emm, 118 USPQ 180, 181
(Bd. Pat. App. & Int. 1958) (citing Ex parte Charch, 102 USPQ
363, 364 (Bd. Pat. App. & Int. 1954) and Ex parte Hill, 93 USPQ
45, 46 (Bd. Pat. App. & Int. 1952)). Here, although the examiner
had finally rejected claim 23, (Final Rejection at 2), he neither
repeats nor references the rejection of the claim in his answer.
Therefore, we conclude that the rejection of claim 23 under § 103
has been withdrawn.
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