Appeal No. 1997-3031
Application No. 08/411,509
191 USPQ 90, 98 (CCPA 1976). Thus, by virtue of the later
claimed requirement that the ultraviolet light have a
wavelength of 200 nanometers or less so as to increase the
ozone content of the oxidizing gas, the appealed claims
violate the written description requirement of 35 U.S.C. §
112, first paragraph.
In summary, the examiner's rejections of the appealed
claims for obviousness are reversed. A new ground of
rejection has been stated against the appealed claims under
the first paragraph of 35 U.S.C. § 112, written description
requirement.
This decision contains new a 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. and 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."
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
11
Page: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 Next
Last modified: November 3, 2007