Appeal No. 1997-2041
Application No. 08/337,131
which would be brought about if another order of steps were
followed.
Consequently, it is the opinion of this panel that the
cited references considered collectively clearly suggest doing
what the appellant in this case has done in claim 1.
In summary, this panel of the Board has:
a) Reversed the rejection of claims 1-5, 10 and 11 under
35 U.S.C. § 103(a) as being unpatentable over Hosokawa (JP59-
229872) in view of Chen or Wolf.
b) Reversed the rejection of claims 1-5, 10 and 11 under
35 U.S.C. § 103(a) as being unpatentable over Hosokawa (JP59-
229874) in view of Chen or Wolf.
c) Introduced a new ground of rejection of claim 1
pursuant to our authority under 37 CFR § 1.196(b)
The decision of the examiner is reversed.
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 that “[a] new ground of rejection shall
not be considered final for purposes of judicial review.”
21
Page: Previous 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Next
Last modified: November 3, 2007