Appeal No. 95-4089
Application 08/090,073
Pursuant to 37 CFR § 1.196(b), claims 1-6 and 7-12 are
rejected under 35 U.S.C. § 102(b) as anticipated by Bechstedt.
Pursuant to 37 CFR § 1.196(b), claims 1-12 and 15 are
rejected under 35 U.S.C. § 103 over Cook when taken with the
level of ordinary skill in the art as set out in Findings 47
through 56.
D. Time for taking action
This opinion contains a new ground of rejection pursuant
to Rule 196(b) (37 CFR § 1.196(b), amended effective Dec. 1,
1997). See Notice of Final Rule, 62 Fed. Reg. 53131, 53197
(Oct. 10, 1997), reprinted in 1203 Off. Gaz. Pat. & Trademark
Office 63, 122 (Oct. 21, 1997)).
Rule 196(b) provides that, "A new ground of rejection
shall not be considered final for purposes of judicial
review."
Rule 196(b) also provides that the applicant, WITHIN TWO
MONTHS FROM THE DATE OF ENTRY OF THIS DECISION, must exercise
one of the following two options with respect to the new
ground of rejection to avoid termination of proceedings
(§ 1.197(c)) as to the rejected claims:
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