Appeal No. 2000-1280
Application No. 09/110,785
inconsistent with parent claim 1, which requires a fitting.
This inconsistency between claim 9 and the specification
renders the claim indefinite. See In re Cohen, 438 F.2d 989,
993, 169 USPQ 98, 98 (CCPA 1971).
Conclusion
The examiner's decision to reject claims 1 to 20 is
affirmed, but the affirmance is designated a new ground of
rejection under 37 CFR § 1.196(b). Claim 9 is also rejected
pursuant to 37 CFR 1.196(b) on an additional ground.
In addition to affirming the examiner’s rejection of one
or more claims, 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. 53, 131, 53,
197 (Oct. 10, 1997), 1203 Off. Gaz. Pat. & Trademark Office
63, 122 (Oct. 21, 1997)). 37 CFR § 1.196(b) provides that
“new grounds of rejection shall not be considered final for
purposes of judicial review.”
Regarding any affirmed rejection, 37 CFR § 1.197(b)
provides:
(b) Appellants may file a single request for
rehearing within two months from the date of the
original decision. . . .
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