Appeal No. 96-3885
Application No. 08/255,076
column 6, lines 64, 65) of a plastic tube 55 would have been
suggestive of the selection of an appropriate material from among
conventional plastic materials (claims 2 and 3). Similarly, the
teaching of plastic sheets (such as polyethylene) by Waters
(column 5, lines 3 through 6) would have been suggestive of the
selection of an appropriate plastic material (claim 6). In our
opinion, the recitation of “sewing or other convenient operation”
by Waters (column 3, lines 52 through 55) would have been
understood as encompassing other known forms of securement and
suggestive of, for example, adhesive (claim 7).
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.”
37 CFR § 1.196(b) also provides that the appellant, 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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