Appeal No. 1999-0704 Page 13
Application No. 08/558,661
CONCLUSION
To summarize, the decision of the examiner to reject claims 1, 2, 4, 5, 8-16, 22, 23 and
25-30 under 35 U.S.C. § 103 is affirmed as to claims 1, 2, 4, 5, 8 and 14-16 and reversed as
to claims 9-13, 22, 23 and 25-30. Our affirmance of the decision to reject claims 1, 2, 4, 5, 8
and 14-16 is designated as a new ground of rejection under 37 CFR § 1.196(b).
This decision contains a new ground of rejection pursuant to 37 CFR § 1.196(b), which
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 appellants, WITHIN TWO MONTHS FROM
THE DATE OF THE DECISION, must exercise one of the following two options with respect
to the new ground 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. . . .
9(...continued)
directed to an inter-line fishing rod comprising a rod tube 112 having a soft film 113 formed integrally therewith on
the inner surface thereof and a guide member 130' including a guide ring 132' and a support element 134' forced into
the soft film 113, thereby creating a recessed portion in the soft film (column 6, lines 51-65). As explained in
column 5, lines 5-7, the support element is preferably made of a soft material which can absorb the deformation of
the middle rod and shocks given from outside.
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