Appeal 2007-0608
Application 09/738,647
section. Accordingly, we impose the new ground of rejection under 37
C.F.R. § 41.50(b).
Claim 8 is rejected under 35 U.S.C. § 03(a) as being unpatentable
over Shojima in view of Cok.
Claim 8 is unpatentable over the combination of Shojima and Cok for
the same reasons set forth in the discussion of claims 3, 13 through 16
above.
CONCLUSION OF LAW
On the record before us, Appellants have not shown that the
Examiner has failed to establish that Shojima, taken alone or in combination
with Cok, renders claims 1, 3 through 6 and 9 through 16 unpatentable under
35 U.S.C. § 103(a). However, Appellants have shown that the Examiner has
failed to establish that Shojima renders claim 8 unpatentable under 35
U.S.C. § 103(a).
DECISION
We have affirmed the Examiner’s decision to reject claims 1, 3
through 6, and 9 through 16 under 35 U.S.C. § 103(a). We, however, have
reversed the Examiner’s decision rejecting claim 8 under 35 U.S.C. § 103(a).
Further, we have entered a new ground of rejection against claim 8
under 37 C.F.R. § 41.50(b).
37 C.F.R. § 41.50(b) provides that, “[a] new ground of rejection
pursuant to this paragraph shall not be considered final for judicial review.”
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