Appeal No. 96-4041
Application 08/264,704
grounds.
A new rejection of claim 3 under 35 U.S.C. § 112, second
paragraph, has been made pursuant to our authority under 37
CFR § 1.196(b).
Since at least one of the examiner’s rejections of each
of the appealed claims has been sustained, the decision of the
examiner is affirmed.
In addition to affirming the examiner’s rejection of one
or more claims, 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, "A new ground
of rejection shall not be considered final for purposes of
judicial review."
Regarding any affirmed rejection, 37 CFR § 1.197(b)
provides:
(b) Appellant may file a single request for
rehearing within two months from the date of the
original decision . . . .
37 CFR § 1.196(b) also provides that the appellant,
WITHIN TWO MONTHS FROM THE DATE OF THE DECISION, must exercise
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