Appeal No. 95-0954
Application 08/058,092
scope and utilization of the invention. Accordingly, we do
not sustain the rejection of claim 16 under 35 U.S.C. § 112,
second paragraph.
DECISION
The rejection of claims 1-16 under 35 U.S.C. § 103 as
being unpatentable over Whistler or Eden, in view of Palinczar
is affirmed. We denominate this affirmance as involving a new
ground of rejection under 37 CFR § 1.196(b). The rejection of
claim 16 under 35 U.S.C. § 112, second paragraph, is reversed.
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
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