Appeal No. 2003-1379
Application No. 09/769,334
energy absorption since it must be able to absorb energy produced
by the weight of the aircraft during the landing (physical
compression caused by the landing). This is especially true
since the appellant acknowledges at page 1 of the specification
that such landing gear structure is well known.
In view of the foregoing, we affirm the examiner’s decision
rejecting the claims on appeal under 35 U.S.C. § 103. However,
since our rationale for affirming this rejection is materially
different from that supplied by the examiner, we denominate our
affirmance as including a new ground of rejection pursuant to 37
CFR § 1.196(b)(2002).
This decision contains a new ground of rejection pursuant to
37 CFR § 1.196(b)(amended effective Dec. 1, 1997, 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 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 appellants, WITHIN
TWO MONTHS FROM THE DATE OF THE DECISION, must exercise one of
the following two options with respect to the new ground of
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