Appeal No. 2002-0699
Application No. 09/401,740
CONCLUSION
In view of the foregoing, we only affirm the examiner’s
decision rejecting claims 1-4, 9, 12 through 14, 16, 21 and 22
under 35 U.S.C. § 103, as unpatentable over the disclosure of
Takazawa. However, pursuant to 37 CFR § 1.196(b) (2001), we
denominate our affirmance of the rejections of these claims as
involving new grounds of rejection since our reasons for
affirmance are materially different from those provided by the
examiner.
This decision contains a new ground of rejection pursuant to
37 CFR § 1.196 (b) provides that, new grounds 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 grounds of
rejection to avoid termination of proceedings 37 CFR § 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 . . . .
(2) Request that the application be reheard under § 1.197(b)
by the Board of Patent Appeals and Interferences upon the same
record . . . .
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