Appeal No. 96-3047
Application 08/053,191
2 under 35 U.S.C. § 103 as being unpatentable over Harrison,
Freitas and Benjamin, under 37 CFR
§ 1.196(b).
In conclusion, The rejection of claim 1 under 35 U.S.C.
§ 103 over Harrison, Freitas and Benjamin is sustained. The
rejection of claim 2 under 35 U.S.C. § 103 over Harrison and
Freitas is not sustained. However, claim 2 is rejected under
35
U.S.C. § 103 over Harrison, Freitas and Benjamin under 37 CFR
§ 1. 196(b). Therefore, the decision of the Examiner
rejecting claims 1 and 2 is affirmed-in-part.
In addition to affirming the Examiner’s rejection of
claim 1, 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 of
judicial review.”
-12-
Page: Previous 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 Next
Last modified: November 3, 2007