Appeal No. 96-1415
Application No. 08/088,625
while claim 43 recites that it is. As a result of this
inconsistency, claim 45 is indefinite because its scope is not
clear.
Conclusion
The examiner’s decision to reject the appealed claims
under 35 U.S.C. § 102(e) and/or § 103 is reversed. Claims 1
to 4, 7, 16, 17, 23 to 25, 33, 41 to 43 and 46 are rejected
pursuant to 37 CFR 1.196(b).
This decision contains new grounds 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 appellants,
WITHIN TWO MONTHS FROM THE DATE OF THE DECISION, must exercise
one of the following two options with respect to the new
grounds of rejection to avoid termination of proceedings
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