Appeal No. 2001-0308 Page 10
Application No. 09/188,701
manner called for in claim 4 to manipulate the grounding wire as
illustrated by Wingert in Figure 12. As for claims 2 and 8, it
would have been obvious to one skilled in the art to provide the
slot of a size slightly larger than a 14 gauge wire, or at least
1.7 mm, in order to accommodate the 14 gauge ground wire.
CONCLUSION
To summarize, none of the examiner’s rejections is
sustained. The decision of the examiner is reversed. A new
rejection of claims 1, 2, 4 and 8 is entered pursuant to 37 CFR
§ 1.196(b).
This decision contains a new ground 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 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. . . .
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