Appeal No. 96-4172
Application 08/098,594
means having its own kiln, these claims are misdescriptive or
inaccurate with regard to the subject matter that appellants
regard as the invention. Appellant’s claims improperly define
the kiln as part of a coiling means. However, according to
appellant’s disclosure the only structure which performs the
coiling function is the coiling bench which does not include a
kiln. These claims, which also specify the additional heating
means, are misdescriptive of the invention as disclosed.
SUMMARY
The rejection of claims 16, 17, 19 through 22 and 28 through
30 under 35 U.S.C. § 103 has been reversed. Pursuant to our
authority under 37 CFR § 1.196(b), we have entered a rejection of
claims 16, 17, 19 through 22 and 28 through 30 under 35 U.S.C.
§ 112, first and second paragraphs.
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 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 appellant, WITHIN
TWO MONTHS FROM THE DATE OF THE DECISION, must exercise one of
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