Appeal No. 96-1396
Application 08/176,335
independent claims 1, 6 and 11 is fully met by the disclosure
of Fleming as explained above, we make this new ground of
rejection of claims 1, 6 and 11. We designate this as a new
ground of rejection because our reasoning is substantially
different from that used by the examiner in his combination of
prior art references. We also only address the three
independent claims at this time. We leave it to the examiner
to decide the extent to which the dependent claims may be
subject to rejection based on Fleming alone or used with other
available prior art.
In summary, we have not sustained either of the
examiner’s rejections of the claims under 35 U.S.C. §§ 112 and
103. Therefore, the decision of the examiner rejecting claims
1-15 is reversed. We have entered a new ground of rejection
of independent claims 1, 6 and 11.
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, 1977)). 37 CFR § 1.196(b) provides that "A new ground of
rejection shall not be considered final for purposes of
11
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