Appeal No. 2005-1126
Application No. 09/846,141
Finally, because the reasoning underlying our action in
sustaining the rejection of claims 5 through 7, 14/5, 15/5 and
16/5 differs significantly from that advanced by the examiner in
support of the rejection, we hereby designate our action in this
regard as a new ground of rejection under 37 CFR § 41.50(b) to
afford the appellants a fair opportunity to react thereto.
SUMMARY
The decision of the examiner to reject claims 2 through 18
is affirmed with respect to claims 5 through 7, 14/5, 15/5 and
16/5, and reversed with respect to claims 2 through 4, 8 through
13, 14/2, 15/2, 16/2, 17 and 18. In addition, the affirmance of
the rejection of claims 5 through 7, 14/5, 15/5 and 16/5
constitutes a new ground of rejection under 37 CFR § 41.50(b).
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."
7
Page: Previous 1 2 3 4 5 6 7 8 9 Next
Last modified: November 3, 2007