Appeal No. 2000-0076
Application 08/970,231
circumscribed by the claims of a patent with the adequate
notice demanded by due process of law, so that they may more
readily and accurately determine the boundaries of protection
involved and evaluate the possibility of infringement and
dominance. See
In re Hammack, 427 F.2d 1378, 1382, 166 USPQ 204, 208 (CCPA
1970).
SUMMARY
The decision of the examiner (1) to reject claims 12, 17
through 20, 23 and 28 through 38 under 35 U.S.C. § 112, second
paragraph, is affirmed and (2) to reject claims 1 through 44
under 35 U.S.C. § 103(a) is reversed. Furthermore, a new 35
U.S.C. § 112, second paragraph, rejection of claims 1 through
44 is entered pursuant to 37 CFR § 1.196(b).
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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