Ex parte LUBURIC et al. - Page 10




          Appeal No. 97-2712                                                          
          Application 08/285,349                                                      




                    reversed the rejection of claims 1 through 14, 16, 17,            
          19 through 22, and 24 under 35 U.S.C. § 103 as being unpatentable           
          over the French Patent in view of Chadwick; and                             


                    reversed the rejection of claim 23 under 35 U.S.C. §              
          103 as being unpatentable over the French Patent in view of                 
          Chadwick and Koefelda.                                                      


                    Additionally, we have introduced NEW GROUNDS OF                   
          REJECTION.                                                                  


                    The decision of the examiner is reversed.                         


                    This decision contains new grounds of rejection pur-              
          suant 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.”             



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