Appeal No. 2001-2176
Application 09/031,186
chamfered slope 12 shown in Figure 1, but not on the curved arch
slope shown in Figure 2. Therefore, the content of claim 6
conflicts with that of parent claim 1.
Finally, the references in claims 1 and 2 to the “slope” and
in claims 1 and 9 to the “radial planes” lack a proper antecedent
basis.
SUMMARY
The decision of the examiner to reject claims 1, 2 and 5
through 11 is reversed, and a new 35 U.S.C. 112, second
paragraph, rejection of these claims is entered pursuant to 37
CFR § 1.196(b).
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 that, “A new ground of rejections 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
7
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