Appeal No. 95-0125
Application 07/818,162
the applied teachings con- sidered in their entirety, to
provide a reasonable basis for the conclusion that the choice
of a particular cylinder mount, piston configuration, and
propelling means would have been an obvious matter for one
having ordinary skill in the art.
In summary, this panel of the board has reversed
the rejection of claims 1 through 10 and 23 through 28 under
35 U.S.C. § 103 as being unpatentable over Auth in view of
the Airpot Catalog. Additionally, we have introduced a new
ground of rejection under 35 U.S.C. § 103.
The decision of the examiner is reversed.
This decision contains a new ground of rejection
pur- suant to 37 CFR § 1.196(b) (amended effective Dec. 1,
1997, by final rule notice, 62 Fed. Reg. 53,131, 53,197 (Oct.
10, 1997), 1203 Off. Gaz. Pat. & Trademark Office 63, 122
(Oct. 21, 1997)). 37 CFR § 1.196(b) provides that “[a] new
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