Appeal No. 2000-2288
Application No. 08/960,576
As for the remaining claims on appeal, we urge the
examiner to carefully consider those claims in light of the
art applied in the above noted rejections and any other prior
art the examiner may be aware of so as to ascertain whether
the remaining claims may also be subject to an obviousness
rejection under 35 U.S.C.
§ 103(a). For example, certain of the remaining claims on
appeal set forth that the screen is formed of a steel wire
having a diameter of about 0.010 to 0.030 inches or having a
tensile strength of at least 150 lbs/inch (? lbs/in ), which2
limitations are not found in Bear and Smith. Also some of the
remaining claims call for a particular mortar composition
which is not taught or suggested in Bear and Smith.
This decision contains new grounds of rejection pursuant to
37 CFR § 1.196(b). 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
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