Appeal 2006-3236
Inter Partes Reexamination Control No. 95/000,006
any ridges with the component engagement members 76 in Brahmbhatt
because these members define the boundaries of the pocket.
CONCLUSION
The anticipation rejection of claims 1, 2, 5-11, and 16 under 35 U.S.C.
§ 102(b) is reversed.
The obviousness rejections of claims 3 and 4 under 35 U.S.C.
§ 103(a) are reversed.
The indefiniteness rejection of claim 16 under 35 U.S.C. § 112,
second paragraph, is affirmed.
The rejection of claim 16 under 35 U.S.C. § 314(a) for broadening of
the scope of the '595 patent is reversed.
New grounds of rejection are entered pursuant to 37 C.F.R.
§ 41.77(b). 37 C.F.R. § 41.77(b) provides that "[a]ny decision which
includes a new ground of rejection pursuant to this paragraph shall not be
considered final for judicial review."
37 C.F.R. § 41.77(b) also provides that the patent owner, within
ONE MONTH 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:
(1) Reopen prosecution. The owner may file a response
requesting reopening of prosecution before the examiner. Such a
response must be either an amendment of the claims so rejected or
new evidence relating to the claims so rejected or both.
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