Appeal No. 2003-0522
Application No. 09/324,237
but it is surmised that this term refers to the previously
recited output port. The other independent claims on appeal
reflect similar problems and indefiniteness.
In summary, we have reversed the examiner’s rejection of
various claims on appeal under 35 U.S.C. § 102. We have also
instituted a new ground of rejection under the second paragraph
of 35 U.S.C. § 112 of all pending claims, claim 1, 2, 8 through
14 and 20 through 30.
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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