Appeal No. 2004-0804
Application No. 09/757,886
Peterson, 315 F.3d at 1330, 65 USPQ2d at 1382; In re Boesch, 617
F.2d at 276, 205 USPQ at 219; In re Aller, 220 F.2d at 456, 105
USPQ at 235.
Summary
In summary, we affirm the examiner’s rejections under: 35
U.S.C. § 102(b) of appealed claims 7 and 8 as anticipated by WO
’621; 35 U.S.C. § 103(a) of appealed claims 3 through 5 as
unpatentable over EP ’262; 35 U.S.C. § 103(a) of appealed claim
6 as unpatentable over EP ’262 in view of Jenkins; and 35 U.S.C.
§ 103(a) of appealed claims 9 and 10 as unpatentable over either
WO ’621 or EP ’262, each in view of either Sampath or Yu. We
reverse, however, the examiner’s rejection under 35 U.S.C.
§ 102(b) of appealed claims 1, 2, 7, and 8 as anticipated by EP
’262. In addition, we have entered a new ground of rejection
pursuant to 37 CFR § 1.196(b).
The decision of the examiner is therefore affirmed in part.
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 § 1.196(b) provides: “A
new ground of rejection shall not be considered final for
purposes of judicial review.”
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