Appeal No. 2002-1792 Page 12
Application No. 09/467,577
1 to 3, 5, 6 and 9 under 35 U.S.C. §§ 102 and 103 over Fairman's cover 55 should be
determined.4
CONCLUSION
To summarize, the decision of the examiner to reject claims 1 to 3, 5, 6, 10, 12,
13, 15 and 16 under 35 U.S.C. § 102(b) is affirmed; the decision of the examiner to
reject claims 9, 11 and 19 under 35 U.S.C. § 102(b) is reversed; and the decision of the
examiner to reject claims 1 to 19 under 35 U.S.C. § 103 is reversed. In addition, the
application has been remanded to the examiner for further consideration.
4 The examiner raised this issue in the last paragraph on page 7 of the answer. However, as
correctly pointed out by the appellant in the reply brief (p. 5), this construction is inconsistent with the
rejection as set forth in both the final rejection and the answer (which under our rules may not contain a
new ground of rejection) and as such is not before us in this appeal.
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