Appeal No. 1998-2661
Application 08/633,267
as part of that rejection the examiner has set forth relying
upon the combination of Sato in view of Deosaran.
In summary, we have reversed the rejection of claims 1,
2, 13 and 16 under 35 U.S.C. § 102 as being anticipated by Kau
and the rejection under 35 U.S.C. § 103 of claims 3 through 7
over this reference. We have also reversed the rejection of
claims 2 through 16, 18 and 19 under 35 U.S.C. § 103 in light
of the collective teachings and showings of Sato and Deosaran,
but have sustained only the rejection of claim 1 on this
combination of references. We have also instituted a new
ground of rejection under 35 U.S.C. § 103 over appellants'
admitted prior art in view of Kau as to claims 1 through 3, 8,
12 through 16, 18 and 19.
In addition to affirming the examiner’s rejection of one
or more claims, this decision contains a new ground of
rejection pursuant to 37 C.F.R. § 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 C.F.R. § 1.196(b) provides, “A
new ground of rejection shall not be considered final for
purposes of judicial review.”
18
Page: Previous 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 Next
Last modified: November 3, 2007