Appeal No. 2002-1288 Page 8
Application No. 09/570,759
20 with concave region 28 provided with buffer 60 of rubber or sponge for protecting
and holding the guitar).
CONCLUSION
To summarize, the decision of the examiner to reject claims 1 to 10, 12, 14 and
16 to 19 under 35 U.S.C. § 103 is reversed and a new rejection of claim 5 under
35 U.S.C. § 102(b) has been added pursuant to provisions of 37 CFR § 1.196(b).
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."
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 ground of rejection to avoid termination of proceedings
(§ 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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