Appeal No. 2005-1454
Application No. 10/315,763
The 35 U.S.C. § 103 rejection of claims 7-9, 12, 18, 25, 33
and 47 under 35 U.S.C. § 103 as being obvious over Devic is
affirmed. However, the rejection of claim 25 under 35 U.S.C.
§ 103 is reversed.
The 35 U.S.C. § 103 rejection of claim 2 as being obvious
over Devic in view of Gould is affirmed.
The 35 U.S.C. § 103 rejection of claims 26-29 as being
obvious over Devic in view of Hoseney is affirmed.
The judicially created doctrine of obviousness-type double
patenting rejection of claims 1-18, 21-39 and 47 as being obvious
over claims 1-22 of U.S. Patent No. 6,497,909 is affirmed.
In addition to affirming the examiner's rejections of one or
more claims, 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."
37 CFR § 41.50(b) also provides that the appellant, WITHIN
TWO MONTHS FROM THE DATE OF THE DECISION, must exercise one of
the following two options with respect to the new ground of
rejection to avoid termination of the appeal as to the rejected
claims:
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