Appeal No. 2000-2154
Application 09/136,761
grits are available in a wide range of sizes, including 150.
To select a particular grit size for use on Mdller’s grinding
wheel would have been an obvious matter of choice, depending
on how fine a finish was desired on the particular workpiece
being machined.
Conclusion
The examiner’s decision to reject claims 1 to 10 is
affirmed as to claims 1, 4 and 5, and reversed as to claims 2,
3 and 6 to 10. Claims 7 to 9 are rejected pursuant to 37 CFR
1.196(b).
In addition to affirming the examiner’s rejection of one
or more claims, 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, “A new ground
of rejection shall not be considered final for purposes of
judicial review.”
Regarding any affirmed rejection, 37 CFR § 1.197(b)
provides:
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