Appeal No. 96-1439
Application 08/338,976
16, 19 and 20. Since our reasoning relies to some extent upon
appellants’ admitted prior art as well as new insights not set
forth by the examiner before as to the teachings in Missios,
we hereby designate the affirmance of the above-noted claims
as a new ground of rejection within 37 CFR § 1.196(b).
In addition to affirming the examiner’s
rejection of one or more claims, 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, “A new ground of rejection shall not be considered
final for purposes of judicial review.”
Regarding any affirmed rejection, 37 CFR § 1.197(b)
provides:
(b) Appellant may file a single request for
rehearing within two months from the date of the
original decision . . . .
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
13
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