Appeal No. 2006-2036 Page 11
Application No. 10/382,753
time of the invention absent the teaching of the present invention to modify the
containment area of Van Romer to add a cutout as taught in Telder. From our
perspective, the Examiner's rejection appears to be premised on impermissible
hindsight reasoning.
Restriction Requirement
The appellant seeks to have the Board review the propriety of a restriction
requirement made by the examiner in the present application. Any challenge to a
final requirement for restriction should be taken by petition to the Director
pursuant to 37 C.F.R. §§ 1.181 and 1.144. As such, this matter is not properly
before the Board, and we decline to review the restriction requirement. See
M.P.E.P. §§ 1002 and 1201.
Page: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 14 Next
Last modified: November 3, 2007