Appeal No. 2000-0920
Application No. 08/829,034
The rejection of claims 10, 18, 37 and 38 as being
unpatentable over Holt in view of Hirayama is affirmed with
respect to claims 10, 37 and 38, but is reversed with respect to
claim 18 on procedural grounds.
A new rejection of claims 11-18 pursuant to 37 CFR
§ 1.196(b) has been made.
Because at least one rejection of each of the appealed
claims has been affirmed, the decision of the examiner finally
rejecting the appealed claims 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). 37 CFR § 1.196(b) provides that
“[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 one of
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