Appeal 2007-1451
Application 09/970,146
1 CONCLUSIONS OF LAW
2 The Examiner has not shown that all of the claimed elements are found within
3 Maseda. Accordingly we do not sustain the Examiner's rejection of claims 1 and
4 3-8 under 35 U.S.C. § 102(e) as anticipated by Maseda.
5 The Examiner has shown that all of the claimed elements are found within the
6 combined teachings of Lieber and Maseda, and that those teachings are properly
7 combined to achieve the claimed subject matter. Accordingly we sustain the
8 Examiner's rejection of claims 9-10, 12-14, 16, 21-23, 26, 28-29, 33, and 58-69
9 under 35 U.S.C. § 103(a) as obvious over Lieber and Maseda.
10 We enter a new ground of rejection under 35 U.S.C. § 103(a) of claims 1 and
11 3-8 as obvious over Lieber and Maseda pursuant to 37 C.F.R. § 41.50(b).
12
13 DECISION
14 To summarize, our decision is as follows:
15 • The rejection of claims 1 and 3-8 under 35 U.S.C. § 102(e) as anticipated by
16 Maseda is not sustained.
17 • The rejection of claims 9-10, 12-14, 16, 21-23, 26, 28-29, 33, and 58-69
18 under 35 U.S.C. § 103(a) as obvious over Lieber and Maseda is sustained.
19 • A new ground of rejection of claims 1 and 3-8 under 35 U.S.C. § 103(a) as
20 obvious over Lieber and Maseda is made pursuant to 37 C.F.R. § 41.50(b).
21 In addition to affirming the examiner's rejection(s) of one or more claims,
22 this decision contains new grounds of rejection pursuant to 37 C.F.R. § 41.50(b)
23 (2006). 37 C.F.R. § 41.50(b) provides "[a] new ground of rejection pursuant to
24 this paragraph shall not be considered final for judicial review."
17
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