Appeal No. 2000-2150
Application 29/083,483
In response to an earlier restriction requirement by the
examiner in this application, appellants filed an amendment on
January 4, 1999, to change the title to read --OPEN-END WRENCH
HEAD--. At the same time it appears that the Office implicitly
interpreted this title change as a basis to cancel the bracketed
portion of the claim on appeal. It was not until the amendment
filed on May 5, 1999, that appellants actually canceled the
description of Figures 6-8 and implicitly any claim that may have
been directed to these figures to the handle portion of the
design claim, characterized by the examiner as a second
embodiment depicted in these canceled figures which were non-
elected by appellants in accordance with the restriction
requirement. As noted in footnote 1 of page 2 of the brief,
there has been no formal amendment by appellants to the design
claim on appeal. For purposes of our review and decision in this
appeal, we construe the claim as implicitly being directed to the
design for an open-end wrench head as shown and described (active
Figures 1-5) only since there are no active figures in the file
(Figures 6-8) which reflect a handle therefor anyway. Should
2
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