Appeal No. 2005-2192
Application No. 10/047,865
Accordingly, we shall sustain the standing 35 U.S.C.
§ 103(a) rejection of claims 1 and 2 as being unpatentable
over Chapman in view of Botros. As our reasoning differs
significantly from that advanced by the examiner in terms of how
Chapman meets the annular inlet ring limitations in the claims,
we designate our decision as a new ground of rejection under 37
CFR § 41.50(b) to allow the appellants a fair opportunity to
react thereto.
SUMMARY
The decision of the examiner to reject claims 1 and 2 is
affirmed, with the affirmance designated as 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). 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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