Appeal No. 2002-1025 Page 10
Application No. 09/454,354
decision to affirm these rejections, we have carefully considered all of the arguments
made by the appellants which were applicable to the affected claims. However, they
have not persuaded us that the rejections should not stand, albeit on the basis of
different reasoning.
CONCLUSION
The rejection of claims 1-16 as being unpatentable over Brunelli in view of
Duescher is not sustained.
The rejection of claims 17-23 and 25 as being unpatentable over Brunelli in view
of Duescher is sustained, and is denominated to be a new rejection under 37 CFR
§ 1.196(b)
The rejection of claim 24 as being unpatentable over Brunelli in view of Duescher
and Chiou is sustained, and is denominated to be a new rejection under 37 CFR
§ 1.196(b).
The decision of the examiner is affirmed-in-part.
New rejections have been entered under 37 CFR § 1.196(b).
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). 37 CFR
§ 1.196(b) provides that "[a] new ground of rejection shall not be considered final for
purposes of judicial review."
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