Appeal No. 98-0003
Application No. 08/601,896
The rejection of claim 15 as being unpatentable over
Ouwerkerk in view of Karakane, and further in view of Einhaus
(rejection (b)) is reversed.
Pursuant to our authority under 37 CFR § 1.196(b), a new
rejection of claims 16 and 17 under 35 U.S.C. § 112, second
paragraph, has been made.
The decision of the examiner is affirmed-in-part.
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.”
15
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