Appeal No. 2004-0389 Page 9
Application No. 09/853,339
1971) (no claim can be read apart from and independent of the supporting disclosure
on which it is based and inexplicable inconsistencies between the claim and the
underlying disclosure render the claim indefinite).
CONCLUSION
To summarize, the rejection of claim 1 under 35 U.S.C. § 102 as being
anticipated by Gschwendtner is sustained and the rejections of claim 14 under 35
U.S.C. § 103 as being unpatentable over Gschwendtner and claim 1 under 35 U.S.C.
§ 102 as being anticipated by Pallinger are reversed. A new rejection of claim 14 under
35 U.S.C. § 112, second paragraph, is entered pursuant to 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 . . . .
37 CFR § 1.196(b) also provides that appellants, WITHIN TWO MONTHS FROM
THE DATE OF THE DECISION, must exercise one of the following two options with
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