Appeal No. 98-1032
Application 08/620,658
skilled in the art might realize from reading the disclosure
that such a step is possible is not a sufficient indication to
that person that that step is part of appellants’
invention.”).
We further note that claim 10 has been amended during
prosecution to recite that the hollow body portion is made of
relatively water impervious material. There is not
descriptive support for this recitation.
In summary, the standing § 103 rejection of claims 1, 3-
6, 8-14, 16, 19 and 21-23 is affirmed with respect to claims
1, 3-6, 8-14, 16 and 21-23, but is reversed with respect to
claim 19. In addition, a new rejection of all of the pending
claims pursuant to 37 CFR § 1.196(b) has been made.
The decision of the examiner is affirmed-in-part.
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
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