Appeal No. 2002-1823
Application 09/575,551
distinctly claim the subject matter the appellants regard as the
invention.
Claim 65 stands rejected under 35 U.S.C. § 112, first
paragraph, as containing subject matter which is not described in
the specification in such a way as to reasonably convey to one
skilled in the relevant art that the appellants, at the time the
application was filed, had possession of the claimed invention.
Claims 56, 57, 62, 64 and 65 stand rejected under 35 U.S.C.
§ 103(a) as being unpatentable over Iwai in view of Kawabata.
Attention is directed to the appellants’ brief (Paper No. 9)
and to the examiner’s final rejection and answer (Paper Nos. 6
and 10) for the respective positions of the appellants and the
examiner regarding the merits of these rejections.
DISCUSSION
I. Petitionable matter
On pages 4 and 5 in the brief, the appellants raise as an
issue in the appeal an objection to the drawings made by the
examiner in the final rejection. As this objection is not
directly connected with the merits of issues involving a
rejection of claims, it is reviewable by petition to the Director
rather than by appeal to this Board (see In re Hengehold, 440
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