Appeal No. 98-1253
Application No. 08/249,931
"tapered." Accordingly, one of ordinary skill in this art is
left to speculate as to what is to be considered "tapered."
In summary:
The rejection of claims 1, 7-9, 11-15 and 17 under 35
U.S.C. § 102(b) is affirmed.
The rejection of claims 1, 7-9, 11-15 and 17 under 35
U.S.C. § 103 is reversed.
The rejections of claims 10 and 16 under 35 U.S.C. §
102(b) and 35 U.S.C. § 103 are reversed.
New rejections of claims 7-16 under 35 U.S.C. § 112,
second paragraph, have been made.
In addition to affirming the examiner's rejection of one
or more claims, this decision contains new grounds of rejection
pursuant to 37 C.F.R. § 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 C.F.R. § 1.196(b) provides, "A new ground of
rejection shall not be considered final for purposes of
judicial review."
Regarding any affirmed rejection, 37 C.F.R. § 1.197(b)
provides:
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