Appeal No. 2004-0676
Application No. 09/562,686
In view of the foregoing, we affirm the examiner’s decision
rejecting claims 27 through 31 under 35 U.S.C. § 103. However,
pursuant to the provision of 37 CFR § 1.196(b), we denominate this
affirmance as including a new ground of rejection inasmuch as we
rely on a new rationale based on Dombrowski alone in affirming the
aforesaid Section 103 rejection.
As a final point, in the event of further prosecution, the
examiner is to review the content of the English translation of JP
05-215905 referred to in Dombrowski to determine whether it teaches
or would have suggested the coating compounds recited in claims 32
through 37.
CONCLUSION
In summary, we affirm the examiner’s decision rejecting claim
31 under 35 U.S.C. § 112, second paragraph, claims 27 through 37
under 35 U.S.C. § 112, first paragraph, and claims 27 through 31
under 35 U.S.C. § 103. However, as indicated supra, we denominate
our affirmance of the aforementioned Section 103 rejection as
including a new grounds of rejection.
In addition to affirming the examiner’s rejection of one or
more claims, this decision contains a new ground of rejection
pursuant to 37 CFR § 1.196(b). 37 CFR
12
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