Appeal No. 2000-1592 Application 08/661,220 14, 15, 21 and 24 of Léman in view of Hellier. As to dependent claims 26 and 27, the use of the word "proximate" with respect to the front and rear walls in a relative term which is subject to many interpretations and, in our view, clearly met by the combined teachings and showings of Léman in view of Hellier as argued earlier. Finally, because we sustain the rejection of the earlier noted claims on appeal in accordance with the line of reasoning not advanced by the examiner before in the answer, we will also denominate this affirmance a new ground of rejection. We have sustained the rejection of claims 1, 3, 4, 6, 7, 11, 12, and 14-24. The affirmance of these claims has been denominated as a new ground of refection within 37 CFR § 1.196(b). We have reversed the rejection of claims 5, 8, 9, 10, 13, and 25-27. We have also instituted a separate, new rejection of claims 25-27 under this rule as well. Accordingly, the decision of the examiner is affirmed-in-part. 11Page: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 14 NextLast modified: November 3, 2007