Appeal No. 97-1979
Application 08/278,335
kite body component 5 to the tube or balloon component 6 with
strips of adhesive tape to facilitate the assembly of the
device. In this light, the differences between the subject
matter recited in claims 14 through 16, 21 and 23 and the
prior art are such that the subject matter as a whole would
have been obvious at the time the invention was made to a
person having ordinary skill in the art.
In summary:
a) the decision of the examiner to reject claims 14
through 20, 22 and 23 is affirmed with respect to claims 17
through 20 and reversed with respect to claims 14 through 16,
22 and 23; and
b) new rejections of claims 14 through 16, 21 and 23 are
entered 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, “A new
ground of rejection shall not be considered final for purposes
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