Appeal No. 97-2776
Application No. 08/252,363
with the S-pole of the magnets as suggested and taught by
Griffin.
CONCLUSION
To summarize, the decision of the examiner to reject claims
24 through 29, 31 and 32 under 35 U.S.C. § 101 is reversed; the
decision of the examiner to reject claims 24 through 29, 31 and
32 under 35 U.S.C. § 103 is reversed; and new rejections of
claims 24, 25, 27, 28, 29, 31 and 32 under 35 U.S.C. § 103 have
been added pursuant to provisions of 37 CFR § 1.196(b).
This decision contains a new ground of rejection pursuant to
37 CFR § 1.196(b)(amended effective Dec. 1, 1997, by final rule
notice, 62 Fed. Reg. 53131, 53197 (Oct. 10, 1997), 1203 Off. Gaz.
Pat. Office 63, 122 (Oct. 21, 1997)). 37 CFR § 1.196(b) provides
that, "A new ground of rejection shall not be considered final
for purposes of judicial review."
37 CFR § 1.196(b) also provides that the appellants, WITHIN
TWO MONTHS FROM THE DATE OF THE DECISION, must exercise one of
the following two options with respect to the new ground of
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