Appeal No. 2003-0353 Page 6
Application No. 09/452,157
limitations as claim 10, ends not with a period but with a semicolon. Claim 29 is
indefinite due to its dependency on claim 28. In addition, claim 29 is indefinite since
there is no antecedent basis for "said measuring."
CONCLUSION
To summarize, the decision of the examiner to reject claims 1 to 6, 9 to 16, 18 to
24, 28 and 29 under 35 U.S.C. § 103 is reversed and a new rejection of claims 28 and
29 under 35 U.S.C. § 112, second paragraph, 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. . . .
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