Appeal No. 2003-0161
Application No. 09/578,575
cooling and maintaining items at a chilled temperature in a
container large enough to be capable of holding at least small
crates of milk.
DECISION
The rejection of claims 17-20 under 35 U.S.C. § 103 over
Christiansen in view of Cook is reversed. Under 37 CFR
§ 1.196(b), a new ground of rejection of claims 18-20 has been
entered. The application is remanded to the examiner.
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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