Appeal No. 2003-0234
Application No. 09/446,202
including in the cleaning composition a known food grade suds
suppressor.7
DECISION
The rejections under 35 U.S.C. § 103 of claims 1-13 and 15-
21 over Murch ‘295, and claim 14 over Murch ‘295 in view of
Murch ‘678, are affirmed. Because Murch ‘678 was relied upon by
the examiner in the examiner’s answer but not in the final
rejection, we denominate the affirmance of the rejection of
claim 14 as involving a new ground of rejection. A new ground of
rejection of all of the claims has 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), 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.”
Regarding any affirmed rejection, 37 CFR § 1.197(b)
provides:
7 As indicated by the appellants’ specification (page 10), such suds
suppressors were commercially available.
Page 14
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