Appeal No. 96-3374
Application No. 08/115,974
open porosity and are impregnated with a solid film lubricant,
the solid film lubricant has an affinity for oil and promotes
rapid formation of a stable oil film to reduce friction
therebetween" is not taught or suggested by the applied prior
art.
New grounds of rejection
Inasmuch as the basic thrust of our affirmance of the
35 U.S.C. § 103 rejections of claims 1 through 3 and 5 through
12 differs from the rationale advanced by the examiner for
the rejection, we hereby designate the affirmance to be new
grounds of rejection pursuant to 37 CFR § 1.196(b) to allow
the appellants a fair opportunity to react thereto (see In re
Kronig, 539 F.2d 1300, 1302-03, 190 USPQ 425, 426-27 (CCPA
1976)).
CONCLUSION
To summarize, the decision of the examiner to reject
claims 1 through 3 and 5 through 12 under 35 U.S.C. § 103 is
affirmed, with the affirmance constituting new grounds of
rejection under 37 CFR § 1.196(b) and the decision of the
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