In Re Tamarin

JOHNSON, Judge.

This appeal brings before us for review a decision of the Board of Appeals of the United States Patent Office, affirming the decision of the Primary Examiner rejecting, for want of patentability over the cited prior art, claims 33 and 35 of appellant’s application for a patent.

The examiner indicated in his reply under (old) Rule 137, 35 U.S.C.A. Appendix, that claims 38, 39, and 40 were allowable. Referring to those claims, the board in its decisions stated: “while the Examiner has not so stated, we presume that these claims will be entered by the Examiner at a future date.”…