Appeal No. 2002-0480
Application 09/224,649
tread design, and the definition of the tread of the transverse
tread design as lying transverse to the “width,” rather than the
length, of the sole piece along a longitudinal line of the sole
does not make sense.
SUMMARY
The decision of the examiner to reject claims 1 through 9
and 11 through 14 is reversed, and a new rejection of claims 1
through 9, 11 through 14, 19, 20, 23, 24, 26 and 27 is entered
pursuant to 37 CFR § 1.196(b).
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
rejection to avoid termination of proceedings (§ 1.197(c)) as to
the rejected claims:
(1) Submit an appropriate amendment of the claims
so rejected or a showing of facts relating to the
claims so rejected, or both, and have the matter
reconsidered by the examiner, in which event the
application will be remanded to the examiner. . . .
9
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