Appeal No. 2004-2257
Application No. 09/841,486
remaining in the above-identified application, were objected to
as being dependent upon a rejected base claim, but were indicated
to be allowable if rewritten in independent form including all of
the limitations of the base claim and any intervening claims.
See the Answer, page 2. Claim 1 was amended subsequent to the
final Office action dated March 21, 2003.
APPEALED SUBJECT MATTER
The subject matter on appeal is directed to “[a]
stretched porous resin film” useful for an ink jet recording
medium, having excellent aqueous liquid or ink absorptivity. See
claim 1, together with the specification, page 1. Details of the
appealed subject matter are recited in claim 1 which is
reproduced below:
1. A stretched porous resin film which is obtained
from a compound prepared by kneading a composition
consisting essentially of 30 to 100% by weight of a
thermoplastic resin comprising 5 to 100 parts by weight of a
to the appellants’ inadvertent error in the Brief consistent with
the appellants’ subsequent corrective statement at page 2 of the
Reply Brief dated June 29, 2004. The appellants have also
asserted for the first time in the appeal that they are appealing
from the examiner’s objection to claims 20 and 21. See the Reply
Brief, page 2. By so asserting, the appellants have failed to
recognize that the examiner’s objection is not a matter
reviewable by the Board (the Board of Patent Appeals and
Interferences). The appellants’ remedy is through a timely filed
petition to the Director of the appropriate Technology Center
under 37 CFR § 1.181 (2003).
2
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