Appeal No. 97-1020
Application 08/229,650
(III) Claim 13 is rejected under 35 U.S.C. § 103(a) as
unpatentable over Ranalli in view of Gibson, or as
unpatentable over Crosby in view of Ranalli and Gibson. To
provide a pocket on the outside of Ranalli's Fig. 7 front
sheet, or on Crosby's front sheet, would have been obvious in
view of Gibson for the reasons stated in the foregoing
discussion of rejection (3).
Conclusion
The examiner's decision to reject the appealed
claims is affirmed as to claims 1 to 3, 6 to 9 and 13, and
reversed as to claims 10 to 12. Claims 1 to 3, 6 to 10 and 13
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 new grounds 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.”
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