Appeal No. 2002-0283
Application 09/328,918
and an effective torsional spring constant, but then goes on to
inconsistently indicate, in the last clause of the claim, that
the vibration confinement device is
selected from the group comprising at least one
translational spring attached to the vibrating member to
apply translational spring forces to the vibrating member,
at least one torsional spring attached to the vibrating
member to apply torsional spring forces to the vibrating
member, and an active vibration confinement device.
Similarly, dependent claim 33 then inconsistently sets forth
that “the translational spring and the torsional spring each
comprise a support coupled to the vibrating member” (emphasis
added).
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 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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