Appeal No. 96-1678
Application 08/322,731
calling for “means mounting said sealing elements for
displacement transverse to an axis of said roll out of paths of
said heads as said heads are lowered toward said upper wedge-
shaped gaps” (claim 19, lines 37-39; emphasis added) lacks
descriptive support.
Summary
The examiner’s rejections of claim 19, 21 and 26 under
35 U.S.C. § 112, second paragraph, and 35 U.S.C. § 103 are
reversed.
New rejections of claims 19, 21 and 26 under 35 U.S.C.
§ 112, first and second paragraphs, have been made pursuant to
our authority under 37 CFR § 1.196(b).
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 ground of 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
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