Appeal No. 95-2535
Application 07/987,127
the requirements of 35 U.S.C. § 112, second paragraph, the
examiner should again compare the scope of the claimed subject
matter to the subject matter described and/or reasonably
suggested by the prior art.
Conclusion
We vacate the rejection of claims 9-14 under 35 U.S.C.
§ 103.
We newly reject claims 9-14 under 35 U.S.C. § 112, second
paragraph, in accordance with 37 CFR § 1.196(b).
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 rejection to avoid termination of proceedings
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