Appeal No. 2003-1439
Application No. 09/896,112
Summary of Decision
The rejection of Claims 1, 7, 12-14, and 16-18 under 35
U.S.C. § 102(e) as being unpatentable over Thomas is reversed.
The rejection of Claims 3-6, 8-11, and 15 under 35 U.S.C.
§ 103(a) as being unpatentable over Thomas in view of Brink,
further in view of Thielemann is reversed.
Claims 1, 3-4, 6-7, 9, and 12-18 are newly rejected under 35
U.S.C. § 103 (a) over Buckley in view of De Rosa.
Claim 5 is newly rejected under 35 U.S.C. §103 (a) over
Buckley in view of De Rosa and Puiello.
Claim 8 is newly rejected under 35 U.S.C. §103 (a) over
Buckley in view of De Rosa and Brink and Thielemann.
Claims 10 and 11 are newly rejected under 35 U.S.C. §103(a)
over Buckley in view of De Rosa, further in view of Thielemann.
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 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
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