Appeal No. 1997-2917
Application No. 08/351,697
examiner’s decision rejecting all of the appealed claims under
35 U.S.C. § 103. However, since our affirmance contains
reasoning
materially different from that advanced by the examiner, we
denominate our affirmance as containing a new ground of
rejection 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.”
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