Appeal No. 2002-0964
Application 09/000,850
possibility given appellants’ series, the claims contradict the
subject matter claimed in the independent claims they depend from
and their own preambles. Appellants’ claimed series should
clearly start with an integer greater than 1. The examiner
should take note that claims 26 and 30 are subject to the
affirmed rejection on appeal should the indefiniteness be
corrected.
Summary
The rejections of claims 7, 8, 10-13, 22, 23, 25, 26 and 30
have been affirmed.
The rejections of 9, 14-21, 24, 27, 28 and 29 have been
reversed.
A rejection under 37 CFR § 1.196(b) has been entered against
claims 26, 29 and 30.
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)(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, “A new ground of rejection shall not
be considered final for purposes of judicial review.”
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