Appeal No. 96-0153
Application No. 08/014,407
authority under 37 CFR � 1.196(b) and reject claim 5 as well
as claim 6 which depends therefrom (and therefore exhibits the
same infirmity) for failing to comply with the fourth
paragraph of 35 U.S.C. � 112.
Summary
The decision of the examiner 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 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 (� 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
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