Appeal No. 2006-0679 Page 6
Application No. 09/997,934
comprising a base plate (bracket plate 5) having edges, a handle (hand grasp 7)
rotationally mounted on said base plate, a raised handle protecting part (stops 25, 26)
on said base plate between the top edge thereof and said handle, when said handle is
adjacent said base plate, and a spring 18 to bias said handle adjacent said base plate
(see column 2, lines 6-10).
CONCLUSION
To summarize, the decision of the examiner to reject claims 1-12 and 30 is
REVERSED and a new ground of rejection of claims 29 and 30 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 the following two options
with respect to the new ground of rejection to avoid termination of the appeal as to the
rejected claims:
(1) Reopen prosecution. Submit an appropriate
amendment of the claims so rejected or new evidence
1 We presume this to be the “modification” referred to by the examiner on page 4 of the answer.
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