Appeal No. 2001-2200
Application No. 09/286,328
CONCLUSION
We have sustained the rejection of claims 8, 10-13, 20, 22-25, 27-33, 40-42, 44,
and 45 under 35 U.S.C. § 112, first paragraph for lack of an enabling disclosure, but
have not sustained the rejection of claims 9, 21, 26, 34-39, and 43. We have not
sustained the rejection under 35 U.S.C. § 102, nor the rejection under 35 U.S.C. § 112,
second paragraph. The examiner’s decision in rejecting claims 1-45 is thus affirmed-in-
part.
Claims 8, 10-13, 20, 22-25, 27-33, 40-42, 44, and 45 are newly rejected by us
under 35 U.S.C. § 112, first paragraph, because the disclosure fails to provide written
description for the invention now claimed.
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 claim:
(1) Submit an appropriate amendment of the claim so rejected or a
showing of facts relating to the claim so rejected, or both, and have the
matter reconsidered by the examiner, in which event the application will
be remanded to the examiner
. . . .
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