Appeal No. 2002-1401
Application No. 09/187/226
Thus, the specification discloses an intermediate layer
containing 5 wt% aluminum, not 5 wt% nickel.
DECISION
The rejection of claims 15-18 under 35 U.S.C. § 112, second
paragraph, is reversed. The rejection under 35 U.S.C. § 103
claims 1, 2, 7, 9-11, 13, 14 and 25 over Premkumar in view of
Young is reversed as to claims 1, 2, 7, 10 and 25, and affirmed
as to claims 9, 11, 13 and 14. The rejection under 35 U.S.C.
§ 103 of claims 3-6, 12, 19, 20 and 26 over Premkumar in view of
Young and the appellants’ admitted prior art is reversed as to
claims 3-6 and 26, and affirmed as to claims 12, 19 and 20. The
rejection under 35 U.S.C. § 103 of claims 15-18, 21, 22 and 24
over Premkumar in view of Young, the appellants’ admitted prior
art and FR ‘878 is reversed. Under the provisions of 37 CFR
§ 1.196(b) a new ground of rejection of claims 21, 22 and 24 has
been entered.
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.”
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