Appeal No. 2000-0084 Page 9
Application No. 08/619,672
For these reasons, the metes and bounds of the claim are indeterminable, in our
view, and form the basis for a rejection under the second paragraph of Section 112.
CONCLUSION
The three rejections made by the examiner are not sustained, and therefore the
decision of the examiner is reversed.
However, a new rejection of all of the pending claims under 35 U.S.C. § 112,
second paragraph, has been entered by the Board under 37 CFR 1.196(b).
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.”
37 CFR § 1.196(b) also provides that the appellants, WITHIN TWO MONTHS
FROM THE DATE OF THE DECISION, must exercise one of the following two options
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