Appeal No. 2002-0913
Application No. 09/107,643
The rejection of claims 7, 8, 11-13, 15, 16, 18, 21, 23-26,
28, 31, 33-36 and 38 under 35 U.S.C. § 102(b) as being
anticipated by Foreman is affirmed.
The rejection of claims 7, 12 and 32 under 35 U.S.C.
§ 103(a) as being unpatentable over Foreman in view of Lindquist
is affirmed.
The rejection of claims 7-40 under 35 U.S.C. § 102(b) as
being anticipated by or, in the alternative, under 35 U.S.C.
§ 103(a) as obvious over McConnell is reversed.
Pursuant to 37 CFR § 1.196(b), we have entered a new
rejection of claims 14, 17, 19, 20, 22, 27, 29, 30, 32, 37, 39
and 40 under 35 U.S.C. § 102(b) as being anticipated by Foreman.
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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