Appeal No. 2004-0786
Application No. 08/935,116 Page 33
CONCLUSION
To summarize, the decision of the examiner to reject claims
33-39 under 35 U.S.C. § 101 is reversed.
The decision of the examiner to reject claims 8, 9, 12, 13
and 33-39 under 35 U.S.C. § 102 is reversed.
The decision of the examiner to reject claims 10, 11 and 14-
16 under 35 U.S.C. § 103(a) is reversed.
The decision of the examiner to reject claims 17-32 under 35
U.S.C. § 103(a) is affirmed.
The decision of the examiner to reject claims 8-14 and 17-32
under the judicially-created doctrine of obviousness-type double
patenting is reversed.
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:
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