Ex parte SIMPSON - Page 14




          Appeal No. 96-2535                                                          
          Application 08/028,473                                                      


               The rejection of claims 1, 2 and 7 under 35 U.S.C. §                   
          102(b) has been reversed.                                                   
               The rejection of claims 1 through 13 and 15 through 19                 
          under 35 U.S.C. § 103 as been reversed.                                     
               The rejection of claims 14 and 20 under 35 U.S.C. § 103                
          has been affirmed.                                                          
               Pursuant to 37 CFR § 1.196(b) a new rejection of claims                
          14 and 20 has been entered by the Board.                                    
               In addition to affirming the examiner’s rejection of one               
          or more claims, 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. 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.”                                                        
               Regarding any affirmed rejection, 37 CFR § 1.197(b)                    
          provides:                                                                   
               (b) Appellant may file a single request for                            
               rehearing within two months from the date of the                       
               original decision . . . .                                              


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