Appeal No. 96-3704
Application 08/216,474
If the examiner's answer expressly states
that it includes a new ground of rejection,
appellant must file a reply thereto within
two months from the date of such answer to
avoid dismissal of the appeal as to the
claims subject to the new ground of
rejection.
Since Appellant did not file a reply to the new ground of
rejection within two months from the date of the answer, we
dismiss the appeal as to claims 8 through 11 and 13.
In view of the foregoing, the decision of the
Examiner rejecting claims 8 through 11 and 13 under 35 U.S.C.
§ 112, second paragraph, is affirmed. However, the decision
of the Examiner rejecting claims 1 through 6 and 14 under 35
U.S.C. § 103 is reversed.
No time period for taking any subsequent action in
con- nection with this appeal may be extended under 37 CFR §
1.136(a).
AFFIRMED-IN-PART
JERRY SMITH )
Administrative Patent Judge )
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