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In re Berger

Because the issued patent was granted on April 12, 1994 and the applicant's copied claim was added to the application over one year later, the applicants' claim was subject to rejection in an ex parte prosecution under 35 U.S.C ' 135(b).

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(Serial no. 08/315,629)

Appealed from: United States Patent and Trademark Office Board of Patent Appeals and Interferences

Kenneth L. Berger appeals the decision of the Board of Patent Appeals and Interferences (“Board”) affirming the examiner’s rejection of claims 1-4 and 8-20 under 35 U.S.C. � 112, paragraph 2, and of claim 7 under 35 U.S.C. �� 102(e) and 135(b). Berger also seeks review of the Board’s decision declining to review the examiner’s refusal to enter amendments after final rejection of the claims. Because the Board did not err in affirming the examiner’s rejections under �� 112, 102(e), and 135(b), and because we, like the Board, do not review in connection with claim rejections an examiner’s refusal to enter amendments after final rejection, we affirm.

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