Appeal No. 2003-0413
Application 09/148,262
in the plastic, but does not actually require a reduced amount of
release agent in the plastic. The examiner and the appellant,
therefore, should address on the record whether a molded plastic
article containing a conventional amount of a release agent has
an enhanced surface as that term is used by the appellant and,
therefore, meets the requirements of the appellant’s clam 1.
DECISION
The rejection of claims 1-15, 19 and 21-27 under 35 U.S.C.
§ 102(b) over Niederst is reversed, and the rejection of
claims 1-14 and 19-27 under 35 U.S.C. § 102(b) over Baumgartner
is affirmed. A new rejection of claim 15 has been entered under
37 CFR § 1.196(b).
In addition to affirming the examiner’s rejection of one or
more claims, this decision contains a new ground of rejection
pursuant to 37 CFR § 1.196(b). 37 CFR § 1.196(b) provides, “A
new ground of rejection shall not be considered final for
purposes of judicial review.”
Regarding any affirmed rejection, 37 CFR § 1.197(b)
provides:
(b) Appellant may file a single request for rehearing
within two months from the date of the original
decision . . . .
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