Appeal No. 2004-1074
Application No. 09/924,772
positions of the appellants and the examiner regarding the merits
of these rejections.2
DISCUSSION
I. Preliminary matter
The appellants raise as an issue in this appeal an objection
to the drawings made in the final rejection (see page 8 in the
main brief). This objection, however, is not directly connected
with the merits of issues involving a rejection of claims. It is
therefore 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)) and will not be further
addressed in this decision.
II. The merits
Cohen, the examiner’s primary reference, pertains to
filtered electrical connectors. For purposes of the appealed
rejections, the examiner focuses on the connector shown in
Figures 1A, 1B, 12A and 12B. Cohen describes this connector as
follows:
2 In the final rejection (Paper No. 4), claims 1 through 21
also stood rejected under both the first and second paragraphs of
35 U.S.C. § 112. The examiner has since withdrawn these
rejections in light of the arguments advanced in the main brief
(see pages 2, 7 and 8 in the answer).
4
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