Appeal No. 2001-2454 Page 9
Application No. 09/267,355
The examiner’s rejection of claims 1-20 under 35 U.S.C. § 112, second
paragraph, is not sustained.
The examiner’s rejection of claims 1-9 and 18-20 as being anticipated by Faletti
is not sustained.
The examiner’s rejection of claims 1, 10-13 and 17 as being unpatentable over
Faletti is not sustained.
The examiner’s rejection of claims 14-16 as being unpatentable over Faletti in
view of Daudel is not sustained.
Pursuant to 37 CFR 1.196(b), claims 1-20 are rejected under 35 U.S.C. § 112,
second paragraph, as being indefinite for failing to particularly point out and distinctly
claim the subject matter which the appellants regard as the invention.
This decision contains a new ground of rejection pursuant to 37 CFR
§ 1.196(b)(amended effective Dec. 1, 1997, by final rule notice, 62 Fed. Reg. 53,131,
53,197 (Oct. 10, 1997), 1203 Off. Gaz. Pat. & Trademark Office 63, 122 (Oct. 21,
1997)). 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
Page: Previous 1 2 3 4 5 6 7 8 9 10 11 Next
Last modified: November 3, 2007