Appeal No. 2001-0242
Application No. 09/183,114
4) reject claims 2 through 15 under 35 U.S.C. § 112, second
paragraph, as being indefinite pursuant to 37 CFR § 1.196(b);
5) reject claim 16 under 35 U.S.C. § 103 as unpatentable over the
combined disclosure of either Kreckel or Korpman and Takemoto
pursuant to 37 CFR § 1.196(b); and
6) order the examiner to determine whether the patentability of the
subject matter of claims 2 through 15 is affected by the combined
disclosures of either Kreckel or Korpman and Takemoto upon
clarification of the scope of claims 2 through 15.
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 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 rejection
to avoid termination of proceedings (37 CFR § 1.197(c)) as to the
rejected claims:
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