Appeal No. 2004-1302
Application No. 09/789,757
affirmed as to claims 1-5, 12-19 and 21, and reversed on
procedural grounds as to claims 20, 26, 27, 29, 30, 35, 36 and
45.
(6) The rejection of claims 6 and 7 as being unpatentable
over Blanco in view of Wynalda and Corey is affirmed.
(7) The rejection of claims 11 and 28 as being unpatentable
over Blanco in view of Wynalda and Dallmer is reversed on the
merits.
(8) A new rejection of claims 9, 15, 20 and 26-32, 34-37,
39, 40, 43-50 and 64 has been made.
Regarding the affirmed rejection(s), 37 CFR § 41.52(a)(1)
provides “[a]ppellant may file a single request for rehearing
within two months from the date of the original decision of the
Board.”
In addition to affirming the examiner's rejection(s) of one
or more claims, this opinion contains a new ground of rejection
pursuant to 37 CFR § 41.50(b) (effective September 13, 2004, 69
Fed. Reg. 49960 (August 12, 2004), 1286 Off. Gaz. Pat. Office 21
(September 7, 2004)). 37 CFR § 41.50(b) provides “[a] new ground
of rejection pursuant to this paragraph shall not be considered
final for judicial review.”
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