Appeal No. 97-1114 Page 19
Application No. 08/222,643
CONCLUSION
To summarize, the decision of the examiner to reject claim 6
under 35 U.S.C. § 102(b) is reversed; the decision of the
examiner to reject claims 7 through 15 and 17 under 35 U.S.C.
§ 103 is reversed; and a new rejection of claims 6, 8 through 13
and 15 under 35 U.S.C. § 103 has been added pursuant to
provisions of 37 CFR § 1.196(b).
This decision contains new grounds 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 appellant, WITHIN
TWO MONTHS FROM THE DATE OF THE DECISION, must exercise one of
the following two options with respect to the new grounds of
rejection to avoid termination of proceedings (§ 1.197(c)) as to
the rejected claims:
(1) Submit an appropriate amendment of the claims
so rejected or a showing of facts relating to the
claims so rejected, or both, and have the matter
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