Appeal No. 96-1656
Application 08/182,809
NEW GROUND OF REJECTION-37 CFR § 1.196(b)
Claims 30-36 are hereby rejected under 35 U.S.C. § 103
as unpatentable over Morita in view of Mazzali. The rationale is
the same as stated above with respect to the examiner’s third
rejection.
CONCLUSION
The rejection of claims 22 and 24-29 as anticipated by
Morita is sustained. The rejection of claims 23 and 30-36 as
anticipated by or unpatentable over Morita is not sustained. The
rejection of claim 22 as unpatentable over Morita is sustained.
The rejection of claims 22, 23, 37, 38, 39, and 41-45 as
unpatentable over Morita in view of Mazzali is sustained.
A new ground of rejection is entered against claims 30-
36.
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.”
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