Appeal No. 2006-1187
Application No. 10/056,832
product information relating to a visual feature of the product. The claim does not
recite the source of the information. The Web page, which when loaded on the
customer’s computer contains information representing a visual representation of
a product, see photograph of metal model of Volvo 855 (replica of Volvo car) on
page 3 of the attached print out. The web site also enables customer, through
the customer’s computer to place an order for the replica over the Internet, see
page 6 which shows a link to an order form. The replica is then transferred via a
shipping carrier to the customer. Thus, we find that the Borton Volvo Web site
anticipates the limitations of claim 33.
Conclusion
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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