Appeal No. 2001-0964
Application No. 09/069,442
Summary
For the reasons set forth above, we have not sustained the
examiner’s Section 102 rejections of claims 4-9, 13, 14, 20 and
21 as being anticipated by Korbelak or his section 103 rejection
of claim 19 as being obvious over Korbelak in view of Moon.
However, we have sustained the examiner’s Section 103 rejections
of claims 1-3, 5, 6, 8, 10-12 and 15-17 based on Korbelak alone
or in view of Moon or Hendriks. In addition, we have made a new
Section 103 rejection of claims 4-10, 13-15, 20 and 21 as being
obvious over Korbelak alone.
In addition to affirming the examiner’s rejection of one or
more claims, 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.”
Regarding any affirmed rejection, 37 CFR § 1.197(b)
provides:
(b) Appellants may file a single request for
rehearing within two months from the date of
the original decision . . . .
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
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