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 20Page: Previous 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 NextLast modified: November 3, 2007