Ex Parte BATRA - Page 8




              Appeal No. 2001-2251                                                                  Page 8                
              Application No. 09/345,857                                                                                  


              (3) Whether further consideration of the patentability of any of the appealed claims is                     
              justified in light of (1) and (2).                                                                          
                     Upon completion of the above, the examiner should take whatever action is                            
              deemed appropriate in order to resolve any outstanding questions of patentability of the                    
              appealed claims in light of the prior art.                                                                  
                     In addition, we note that 37 CFR § 1.83 (a) has not been complied with, in that                      
              the claimed combination of a package and a disposable consumer product has not                              
              been illustrated in the drawings.                                                                           























                                                      SUMMARY                                                             
                     None of the rejections are sustained.                                                                







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