Appeal No. 2005-0361
Application 10/252,177
first part” in claim 24 lacks a proper antecedent basis.2 These
inconsistencies and ambiguities render the scope of claims 18
through 24 unclear.
SUMMARY
The decision of the examiner to reject claims 18 through 24
is reversed, and a new rejection of these claims is entered
pursuant to 37 CFR § 41.50(b).
This decision contains a new ground of rejection pursuant to
37 CFR § 41.50(b) (effective September 13, 2004, 69 Fed. Reg.
49960 (August 12, 2004), 1286 Off. Gaz. Pat. Office 21 (September
7, 2004)). 37 CFR § 41.50(b) provides "[a] new ground of
rejection pursuant to this paragraph shall not be considered
final for judicial review."
37 CFR § 41.50(b) also provides that the appellant, WITHIN
TWO MONTHS FROM THE DATE OF THE DECISION, must exercise one of
2 This lack of antecedent basis in claim 24 formed the basis
for the 35 U.S.C. § 112, second paragraph, rejection which was
prematurely withdrawn by the examiner (see n.1, supra).
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