Ex parte RAO et al. - Page 20




          Appeal No. 96-3202                                                          
          Application No. 08/183,464                                                  


          20 is unobvious over the applied prior art for the reasons                  
          stated above with respect to claim 1.                                       


                              New grounds of rejection                                
               Inasmuch as the basic thrust of our affirmance of the                  
          35 U.S.C. § 103 rejections of claims 1 through 20 differs from              
          the rationale advanced by the examiner for the rejection, we                
          hereby designate the affirmance to be new grounds of rejection              
          pursuant to 37 CFR § 1.196(b) to allow the appellants a fair                
          opportunity to react thereto (see In re Kronig, 539 F.2d 1300,              
          1302-03, 190 USPQ 425, 426-27 (CCPA 1976)).                                 


                                     CONCLUSION                                       
               To summarize, the decision of the examiner to reject                   
          claims 1 through 20 under 35 U.S.C. § 112, first paragraph, is              
          reversed and the decision of the examiner to reject claims 1                
          through 20 under 35 U.S.C. § 103 is affirmed, with the                      







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