Appeal No. 2002-1019
Application 09/433,570
Attention is directed to the appellants’ main and reply
briefs (Paper Nos. 15 and 17) and to the examiner’s final
rejection and answer (Paper Nos. 9 and 16) for the respective
positions of the appellants and the examiner with regard to the
merits of these rejections.
DISCUSSION
I. Preliminary matters
In the briefs, the appellants discuss the refusal of the
examiner to enter an amendment (Paper No. 10) filed subsequent to
final rejection. It is well settled, however, that the refusal
of an examiner to enter such an amendment is a matter of
discretion reviewable by petition to the Director rather than by
appeal to this Board. In re Mindick, 371 F.2d 892, 894, 152 USPQ
566, 568 (CCPA 1967). The appellants also discuss the objections
in the final rejection to the drawings under 37 CFR § 1.83(a) and
to the amendment filed May 17, 2001 (Paper No. 8) under 35 U.S.C.
§ 132 as containing new matter. The drawing objection is not
directly connected with the merits of issues involving a
rejection of claims and therefore is reviewable by petition to
the Director rather than by appeal to this Board. See In re
Hengehold, 440 F.2d 1395, 1403-1404, 169 USPQ 473, 479 (CCPA
1971). On the other hand, the 35 U.S.C. § 132 objection
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