Appeal No. 96-2651
Application 08/201,479
rejection of claims 1, 7, and 8 under 35 U.S.C. § 102(b) as
being anticipated by Fletcher, reversed the examiner's
rejection of claims 1, 4, 7, 8, and 22 under 35 U.S.C. § 103
as being unpatentable over Röhner, Fletcher, and Worg, and
reversed the examiner's rejection of claims 11 through 14 and
17 through 19 under 35 U.S.C. § 103 as being unpatentable over
Röhner, Fletcher, Worg, and Martinez. Additionally, we
introduced “NEW GROUNDS OF REJECTION” as follows:
a new rejection of claims 1 and 7 under 35 U.S.C. § 103
as being unpatentable over Worg; and
a new rejection of claims 2 through 4, 8, and 22 under 35
U.S.C. § 103 as being unpatentable over Worg in view of
Röhner.
On pages 14 and 15 of our decision, appellant was
expressly informed that “one” of two options set forth in the
decision (page 15) must be exercised with respect to the new
grounds of rejection to avoid termination of proceedings as to
the rejected claims.
In the request, appellant includes a “Supplemental
Declaration under 37 CFR § 1.132" and indicates that, in the
event the Board does not reverse its decision, it is requested
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Last modified: November 3, 2007