Appeal No. 2003-1650
Application No. 09/411,106
That is, the § 112, first paragraph, rejection listed on pages 4
and 5 of the answer is maintained against claims 56 and 751.
Notwithstanding the Examiner’s above noted attempt to clarify
the application file record with respect to the status of pending
versus withdrawn rejections, a study of this record including a
comparison of the answer and the final Office action reveals
that the status of several final rejections and pending claims is
unclear. Specifically, the status of the final rejection of claims
71-73 and 82 under the first paragraph of § 112 (see page 3 of the
final Office action) is unclear because this rejection has neither
been repeated in the answer nor withdrawn by the Examiner. For the
same reason, the final rejection of claims 29, 30 and 31 under the
second paragraph of § 112 (see page 3 of the final Office action)
also is unclear. Likewise, the record is unclear with respect to
the status of the § 103 rejection based on Karpoff, Sueshige and
Magda (see page 5 of the final Office action) as regards claims 4,
6, 8, 10, 12, 14, 15, 17, 18, 23, 25, 27, 28, 30 and 31.
Analogously, the record is unclear with respect to the status of
the final rejection under § 103 based on Karpoff, Sueshige, Magda
1 The claims listed in this § 112, first paragraph,
rejection inappropriately include canceled claim 51. The
Examiner should rectify this inappropriate inclusion in any
further actions which involve this rejection.
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