Ex Parte KORMANIK - Page 27


              Appeal No. 2006-1451                                                                                      
              Application No. 08/802,472                                                                                

                  • The rejections of claims 10, 14 and 15 under 35 U.S.C. § 103 as being                               
                     unpatentable as obvious over Gossard are not sustained.                                            

                  • The rejections of claims 17 and 49 under 35 U.S.C. § 103 as being unpatentable                      
                     as obvious over Gossard in view of Francis are sustained.                                          

                  • The rejection of claim 23 under 35 U.S.C. § 103 as being unpatentable as                            
                     obvious over Gossard is sustained.                                                                 

                  • New rejections of claims 18 and 19 under 35 U.S.C. § 112, first paragraph, as                       
                     not being fully described or enabled are made under 37 CFR § 41.50(b).                             

                  • New rejections of claims 5, 17 to 24, 27 to 31 and 49 to 58 under 35 U.S.C.                         
                     § 112, second paragraph, as failing to particularly point out and distinctly claim                 
                     the subject matter which the applicant regards as his invention are made under                     
                     37 CFR § 41.50(b).                                                                                 

                  Regarding the affirmed rejection(s), 37 CFR § 41.52(a)(1) provides "[a]ppellant may                   
              file a single request for rehearing within two months from the date of the original                       
              decision of the Board."                                                                                   

                     In addition to affirming the examiner's rejection(s) of one or more claims, 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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