Appeal No. 2000-2185 Page 12
Application No. 08/834,777
grams does not patentably distinguish the subject matter of
claim 43 from the disposable diaper of Roessler.
CONCLUSION
To summarize, the examiner's rejection of claims 35, 43,
48 and 50-57 under 35 U.S.C. § 102(b) is reversed and the
rejection of claim 44 as being unpatentable under 35 U.S.C. §
103(a) is sustained. A new rejection of claims 35 and 43
under 35 U.S.C. § 103 is entered pursuant to 37 CFR §
1.196(b).
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). 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 appellants, WITHIN
TWO MONTHS FROM THE DATE OF THE DECISION, must exercise one of
the following two options with respect to the new ground of
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