Appeal No. 2004-0975
Application No. 09/793,595
19 is inconsistent with the disclosed invention as well the subject matter of
the other independent claims on appeal.
In closing, we have reversed the rejection of claims 11, 19 and 22-
25 under 35 U.S.C. § 103. On the other hand, we have instituted a new
rejection within 37 CFR § 41.50 of claims 19 and 22.
This decision 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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