Appeal No. 2000-0511
Application No. 08/758,343
illustrated, for example, by McLeod (see page 1, lines 45-48). Accordingly, to provide such
an opening through the handgrip 2 of Polotti to facilitate hanging of the device on a nail, hook
or the like when not in use would have been obvious to one of ordinary skill in the art.
CONCLUSION
To summarize, the decision of the examiner to reject claims 1-7 under 35 U.S.C.
§§ 102 and 103 is reversed, but new rejections of these claims are added pursuant to 37 CFR
§ 1.196(b).
This decision contains new grounds of rejection pursuant to 37 CFR
§ 1.196(b)(amended effective Dec. 1, 1997, by final rule notice, 62 Fed. Reg. 53131, 53197
(Oct. 10, 1997), 1203 Off. Gaz. Pat. Office 63, 122 (Oct. 21, 1997)). 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(b) also provides that the appellant, WITHIN TWO MONTHS FROM
THE DATE OF THE DECISION, must exercise one of the following two options with respect
to the new grounds of rejection to avoid termination of proceedings (§ 1.197(c)) as to the
rejected claims:
(1) Submit an appropriate amendment of the claims so rejected or a
showing of facts relating to the claims so rejected, or both, and have the matter
reconsidered by the examiner, in which event the application will be remanded
to the examiner. . . .
(2) Request that the application be reheard under § 1.197(b) by the Board
of Patent Appeals and Interferences upon the same record. . . .
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