Appeal No. 2000-0345
Application No. 08/419,219
other than the blades as attachment to a part other than the fan blades, such as the
front of the fan, would still allow for the distribution of the insecticide throughout the
room, and would also allow for greater selection of ways to attach the insect control
article to the fan, as one would no longer be concerned with using a means for
attachment, such as an adhesive, that can withstand the “centrifugal forces” generated
by the fan blades.
CONCLUSION
For the reasons set forth above, the rejection under 35 U.S.C. § 102(b) set forth
in the Examiner’s Answer is reversed, and new grounds of rejection are set forth under
37 CFR § 1.196(b).
TIME PERIOD FOR RESPONSE
This decision contains a new ground of rejection pursuant to 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(s), 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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