Appeal No. 97-0707
Application No. 08/001,474
DECISION
The decision of the examiner rejecting claims 1, 5, 6, 8
through 13, 15 through 17, 20, 21 and 23 under 35 U.S.C. § 102(e)
is affirmed as to claims 1, 5, 6, 8, 13, 15 through 17 and 23,
and is reversed as to claims 9 through 12, 20 and 21.
Accordingly, the decision of the examiner is affirmed-in-part.
In addition to affirming the examiner’s rejection of claims
1, 5, 6, 8, 13, 15 through 17 and 23, this decision contains new
grounds of rejection of claim 11 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, “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
the following two options with respect to the new grounds of
rejection to avoid termination of proceedings (37 CFR § 1.197(c))
as to the rejected claims:
10
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