Ex Parte LIPRIE - Page 5




          Appeal No. 2002-0933                                                        
          Application No. 09/325,944                                                  


                                       OPINION                                        


          In reaching our decision in this appeal, we have given                      
          careful consideration to appellant's specification and claims, to           
          the applied prior art references, and to the respective positions           
          articulated by appellant and the examiner.   As a consequence of1                                 
          our review, we have made the determinations which follow.                   


          As a preliminary matter, we note that issues (1) and (2)                    
          presented by appellant on page 5 of the brief relate to                     
          objections made by the examiner during the prosecution of the               
          present application.  The first is an objection to the drawings             
          under 37 CFR § 1.83(a) and the second is an objection to the                
          specification under 37 CFR § 1.75(d)(1).  However, those                    
          particular issues relate to petitionable subject matter under               
          37 CFR § 1.181 and are not appealable.  Under 35 U.S.C. § 134 and           
          37 CFR § 1.191 appeals may be taken from the decision of the                
          primary examiner to reject claims.  This Board does not and is              














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