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.” 27Page: Previous 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 NextLast modified: November 3, 2007