Appeal No. 2004-0136 Page 11
Application No. 09/761,340
inaccurately described in claim 57, which causes this independent claim, and dependent
claims 58-61, to be indefinite.
CONCLUSION
The rejection of claims 68 and 99-102 under 35 U.S.C. § 112, second paragraph,
is not sustained.
The rejection of claims 57, 58, 60, 61, 65, 68, 69, 72, 97 and 98 as being
anticipated by Battistella is not sustained.
The rejection of claim 102 as being anticipated by Battistella is sustained.
The rejection of claims 57, 58, 59, 65, 68 and 69 as being anticipated by
Spademan is sustained.
The rejection of claims 99-101 as being anticipated by Ottieri is not sustained.
Pursuant to 37 CFR §1.196(b), claims 57-61 are newly rejected under 35 U.S.C.
§112, second paragraph, as being indefinite.
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)(amended
effective Dec. 1, 1997, by final rule notice, 62 Fed. Reg. 53,131, 53,197 (Oct. 10, 1997),
1203 Off. Gaz. Pat. & Trademark Office 63,122 (Oct. 21, 1997)). 37 CFR §
1.196(b) provides, “A new ground of rejection shall not be considered final for purposes
of judicial review.”
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