Appeal No. 1999-2243
Application 08/567,081
unpatentable over Losi, or Whorton in view of Boldt, in view
of other prior art.
Conclusion
The examiner's decision to reject the claims on
appeal is affirmed as to claims 12 and 13, and reversed as to
claims 14 to 28, 30 to 36 and 38. Claims 16 to 21, 23 to 28,
31, 32, 34 to 36 and 38 are rejected pursuant to 37 CFR §
1.196(b), and the application is remanded to the examiner
pursuant to 37 CFR § 1.196(e).
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) and a remand pursuant
to 37 CFR § 1.196(e). 37 CFR § 1.196(b) provides that “[a]
new ground of rejection shall not be considered final for
purposes of judicial review.” 37 CFR § 1.196(e) provides
that
[w]henever 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 Board of
Patent Appeals and Interferences may enter
18
Page: Previous 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 Next
Last modified: November 3, 2007