Appeal No. 2004-0388
Application No. 09/749,620
DECISION
The rejections of claims 1, 10-15, 18 and 19 under 35 U.S.C.
§ 102(e) over Owen, and the rejections under 35 U.S.C. § 103 of
claims 2, 16, 17, 20 and 22 over Owen in view of Olson, claims 6-
9, 16 and 22 over Owen in view of Tacker, and claims 1, 2, 6-20
and 22 over Olson in view of Owen and Tacker, are reversed. A
new ground of rejection of claims 1, 7, 10-14, 16, 18, 20 and 22
has been introduced under 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. . . .
(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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