Appeal No. 2000-1703
Application No. 08/963,545
claims in the U.S. Patent No. 5,726,644 (issued on Application
No. 08/498,715, which is the parent of the present application).4
The present claims are broader in scope and are presumed to be
obvious over the narrower patented claims.
CONCLUSION
In view of the foregoing, the decision of the Examiner
rejecting claims 20-23 under 35 U.S.C. § 103 is reversed.
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. . . .
4 Jednacz et al. (Jednacz)5,726,644 Mar. 10, 1998
(filed Jun. 30, 1995)
20
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