Appeal No. 95-3900 Page 12
Application No. 07/978,030
of our new rejection for indefiniteness. We affirm the
section 103 rejections of claims 2, 3, 5-7, 9, and 10.
With respect to the affirmed rejections, Appellants may
file a single request for rehearing within two months from the
date of the original decision. 37 CFR § 1.197(b).
We enter new grounds of rejection for claim 4 under
112[2] (indefiniteness) and for claims 3 and 9 under
section 103. A new ground of rejection is not final for
purposes of judicial review.
With respect to the new rejections, Appellants must
WITHIN TWO MONTHS FROM THE DATE OF THE DECISION exercise one
of the following two options with respect to the new ground of
rejection to avoid termination of proceedings (37 CFR
§ 1.197(c)) as to the rejected claims:
(1) Submit an appropriate amendment of the
claims so rejected or a showing of facts relating to
the claims so rejected, or both, and have the matter
reconsidered by the examiner, in which event the
application will be remanded to the examiner. . . .
(2) Request that the application be reheard
under § 1.197(b) by the Board of Patent Appeals and
Interferences upon the same record. . . .
37 CFR § 1.196(b). If Appellants elect further prosecution
before the examiner pursuant to 37 CFR § 1.196(b)(1), the
effective date of the affirmance will be deferred until
conclusion of the prosecution before the examiner in order to
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