Appeal No. 1999-1502
Application 08/600,060
8. However, we will remand the application to the examiner
pursuant to 37 CFR 1.196(e) to determine whether claims 4 and
6 and 8, or any other claims in the application, should be
rejected under
35 U.S.C. § 103 as unpatentable over Harman in view of other
prior art.
Conclusion
The examiner’s decision to reject claims 1 to 3, 6 and 7
is reversed. Claims 1 to 3 are rejected pursuant to 37 CFR
1.196(b), and the application is remanded to the examiner
under 37 CFR 1.196(e).
This decision contains a new ground of rejection pursuant
to 37 CFR § 1.196(b) and a remand pursuant to 37 CFR §
1.196(e).
37 CFR § 1.196(b) provides, “A new ground of rejection
shall not be considered final for purpose of judicial review.”
37 CFR § 1.196(e) provides that
When a decision of the Board of Patent Appeals and
Interferences includes or allows a remand, that decision shall
not be considered a final decision. When appropriate, upon
conclusion of proceedings on remand before the examiner, the
6
Page: Previous 1 2 3 4 5 6 7 8 9 Next
Last modified: November 3, 2007