Ex Parte EGITTO et al - Page 28


              Appeal No. 2001-0106                                                                                     
              Application 08/855,811                                                                                   
                     Rejection (I), stating that Claims 1, 3, 5, 8, and 10 are rejected under 35 U.S.C. §              
              103 as unpatentable over Bruder in view of Thomson further in view of Hahn, is                           
              affirmed.                                                                                                
                     Rejection (J), newly applied, states that Claims 1, 3, 6, 7 and 8 are rejected                    
              under 35 U.S.C. § 103 (a) as being unpatentable over the teachings of U.S. Patent                        
              4,569,877 to Tollefson and U.S. Patent 4,568,602 to Stow individually.                                   
                     Rejection (K), newly applied, states that Claims 5, and 10 are rejected under 35                  
              U.S.C. § 103(b) as obvious over Tollefson and Shaw, each individually in view of                         
              Thomson.                                                                                                 
                                             Time Period for Response                                                  
                     This opinion contains a new ground of rejection pursuant to 37 C.F.R. § 1.196(b).                 
              A decision which includes a new ground of rejection shall not be considered final for                    
              purposes of judicial review.                                                                             
                     The patent owner, within TWO MONTHS of the date of this decision, must                            
              exercise one of the following two options with respect to the new ground of rejection to                 
              avoid termination of proceedings as to the rejected claims:                                              
                     (1) Submit an appropriate amendment to 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                                                                       
                     (2) Request that the application be reheard on the same record.                                   






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