Appeal No. 95-2851
Application 08/012,379
Borzelleca and appellant’s admissions on pages 4-7 of the specification is reversed.
New grounds of rejection of claims 1, 2, 4-6, 8-13, 15-17, 19-24, 26-28, 30-33, 67, 68,
70-74 and 91-99 have been entered under 35 U.S.C. § 1.196(b).
This decision contains in 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 MONTH
FROM THE DATE OF THE DECISION, must exercise one of the following two options
with respect to the new ground of rejection of avoid termination of proceedings (37 CFR
§ 1.197(c)) as to the rejected claims:
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