Appeal 2007-0516
Application 10/438,506
1 Definiteness
2 Findings of Fact
3 F. 39. In response to the Office Action mailed March 7, 2005, applicant
4 filed an amendment cancelling Claim 2. Application 10/438,506, paper
5 entered June 3, 2005, p. 10.
6 F. 40. Claims 3 and 4 depend from Claim 2.
7 F. 41. The amendment did not change the dependency of Claims 3 and 4.
8 F. 42. The Examiner entered a final Office Action rejecting Claims 3 and
9 4 as indefinite. Application 10/438,506, Office Action mailed August 23,
10 2005, p. 2-3.
11 F. 43. Claims 3 and 4 were said to be indefinite because they depended on
12 cancelled Claim 2. Application 10/438,506, Office Action mailed August
13 23, 2005, p. 2-3.
14 F. 44. Applicant submitted an after-final amendment which was not
15 entered. Application 10/438,506, Paper submitted October 24, 2005 &
16 Office Action dated November 1, 2005.
17 F. 45. The after-final amendment, inter alia, tried to change the
18 dependency of Claims 3 and 4 from cancelled Claim 2 to Claim 1.
19 Application 10/438,506, Paper submitted October 24, 2005, p. 7.
20 F. 46. No petition was taken from the Examiner’s refusal to enter the after-
21 final amendment.
22 Issue
23 The Examiner contends that Claims 3 and 4 are indefinite because
24 those claims depend from a cancelled claim. Applicant contends that the
25 incorrect dependency was corrected by an after final amendment which
26 should have been entered.
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Last modified: September 9, 2013