Appeal No. 98-2771
Application 08/428,863
35 U.S.C. § 103 has been sustained with regard to claims 1
through 3, 9, 10 and 13, but has not been sustained with
regard claims 7 and 8; 2) the examiner's rejection of claim 4
under
35 U.S.C. § 103 has not been sustained; 3) the examiner’s
rejections of claims 5, 6, 11 and 12 under 35 U.S.C. § 103
have been sustained; and 4) the examiner’s rejections of
claims 14, 15, 16 and 20 under 35 U.S.C. § 103 have not been
sustained. Thus, the decision of the examiner has been
affirmed-in-part.
In addition, this panel of the Board, pursuant to 37 CFR
§ 1.196(b), has entered new grounds of rejection against
claims 14 through 16 on appeal.
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
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