Appeal No. 97-1177
Application 08/368,026
1759 (Fed. Cir. 1994).
(3) Claim 12 recites a paired infrared transmitter and receiver in lines 8 and 9,
and then recites in lines 26 and 27 (step (4)) testing “a” receiver of said paired infrared
transmitter and receiver. The term “a receiver” implies that the paired transmitter and
receiver includes more than one receiver, but only one receiver is recited, thus
rendering the language of the claim indefinite and inconsistent. Apparently “a” should
have been --said-- or --the--.
Conclusion
The examiner’s decision to reject the claims on appeal under § 102(b) or § 103
is reversed, and to reject claims 1, 15 and 19 under § 112, second paragraph, is
affirmed. Claims 1, 3, 6, 8 to 10, 12, 13, 15 and 17 to 20 are rejected pursuant to 37
CFR § 1.196(b).
In addition to affirming the examiner’s rejection of one or more claims, this
decision contains a new ground of rejection pursuant 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 ground of rejection shall not be considered final for
purposes of judicial review.”
Regarding any affirmed rejection, 37 CFR § 1/197(b) provides:
(b) Appellant may file a single request for rehearing
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