Appeal No. 2004-2299
Application No. 09/244,006
The remarks noted above apply to independent claims 23, 31 and
39 (directed to a hair brush, a hand mirror, and jewelry,
respectively, corresponding to these same articles disclosed by
Goodman). We note that the limitations of all dependent claims
relate to only ornamental features, and thus our remarks above
apply equally to these limitations.
For the foregoing reasons, we enter a new ground of rejection
of claims 23-67 (all of the appealed claims) under 35 U.S.C.
§ 103(a) as unpatentable over Goodman, pursuant to the provisions
of 37 CFR § 41.50(b)(2004).
E. Summary
All of the § 102(b) and § 103(a) rejections on appeal are
reversed. We have made a new ground of rejection of all appealed
claims under 35 U.S.C. § 103(a) over Goodman, pursuant to the
provisions of 37 CFR § 41.50(b)(2004).
This decision contains new grounds 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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