Appeal No. 2003-1572
Application No. 09/661,747
certainty. It follows that a rejection of the appealed claims
under 35 U.S.C. § 112, second paragraph, is appropriate.2
Summary
The standing rejection of claim 14 under 35 U.S.C. § 112,
second paragraph, is reversed.
The standing rejection of claims 7-14 under 35 U.S.C. § 103 is
reversed on the merits.
Pursuant to our authority under 37 CFR § 1.196(b), a new
rejection of claims 7-14 has been made.
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."
37 CFR § 1.196(b) also provides that the appellant, WITHIN TWO
MONTHS FROM THE DATE OF THE DECISION, must exercise one of the
following two options with respect to the new ground of rejection
2When and if the scope of the claims with respect to the
amount of buckwheat hulls can be determined, the examiner should
consider whether the buckwheat hull filled pillows of the applied
Chuang reference and/or any of the other references cited on
pages 4-5 of appellant’s specification anticipate and/or render
obvious any such claim. In this regard, the examiner’s attention
is directed to In re Best, 562 F.2d 1252, 195 USPQ 430 (CCPA
1977), and the discussion thereof in MPEP § 2112.
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