PTAB decision in re-exam 95/001,028; 37 CFR 41.77(b)

The final result in the re-exam of US 6,991,298:



the previous decision is modified in that the rejections of claims 1-9,
11-15 are overcome;
claims 17-30, 44-53, 58, and 101-114 are rejected under 35 U.S.C.
§ 112, first paragraph, and denominated as a new grounds of rejection
pursuant to 37 C.F.R. § 41.77(b);
claims 87-90, 93, and 95-100 would have been obvious over the
combination of Sargent and Olson; and
claims 31-43, 54-57, 59-86, 91, 92, and 94 are not rejected.



Procedurally:

This is a decision under 37 C.F.R. § 41.77(f). On January 28, 2011,
we affirmed-in-part the Examiner‟s decision to reject claims 1-9 and 13-15
on various grounds. (Decision on Appeal, Appeal No. 2011-000454, mailed
January 28, 2011, hereinafter, “Decision” at 2, 17.) However, because our
rationale differed from that of the Examiner, we designated our affirmance
as a new ground of rejection under 37 C.F.R. § 41.77(b).