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Appeal No. 2001-1368
Application No. 09/130,904
THE PRIOR ART
The references relied on by the examiner to support the
final rejection are:
Lewis 2,567,489 Sep. 11, 1951
Eberbach 5,810,753 Sep. 22, 1998
THE REJECTION
Claim 1 stands rejected under 35 U.S.C. § 103(a) as being
unpatentable over Eberbach in view of Lewis.
Attention is directed to the appellant’s brief (Paper No.
17) and to the examiner’s answer (Paper No. 19) for the
respective positions of the appellant and the examiner with
regard to the merits of this rejection.
DISCUSSION
I. Petitionable matter
The appellant has raised for consideration on appeal
alleged actions by the examiner which purportedly impeded the
prosecution of the application (see pages 4 and 9 through 14
in the brief). Such actions, however, do not directly pertain
to the merits of the issues involving the rejection of claim
1. They are therefore reviewable by petition to the Director
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