Appeal No. 94-4145
Application No. 07/882,252
the examiner’s conclusion that the subject matter defined by
claims 1 through 5 would have been obvious to one of ordinary
skill in the art. Thus, we affirm the examiner’s decision to
reject claims 1 through 5 under 35 U.S.C. § 103.
Our affirmance of the examiner’s rejection of one or more
claims 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. 53,131, 53,197 (Oct. 10, 1997), 1203 Off.
Gaz. Pat. & Trademark Office 63, 122 (Oct. 21, 1997)). 37 CFR
§ 1.196(b) provides, “A new ground of rejection shall not be
considered final for purposes of judicial review.”
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