Appeal No. 2006-0593 Page 7
Application No. 09/895,611
specification has no bearing on the anticipation and obviousness issues in this appeal.
Accordingly, the examiner’s objection and requirement for deletion of new matter added
to the specification is reviewable by petition under 37 CFR § 1.181 and not by the Board
of Patent Appeals and Interferences.
CONCLUSION
To summarize, the decision of the examiner to reject claims 3, 4, 6 and 7 under
35 U.S.C. § 102(b) and 35 U.S.C. § 103(a) is AFFIRMED.
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