Appeal No. 96-1898
Application No. 07/921,826
We have sustained the rejection of claims 12 through 22
under 35 U.S.C. 112, first and second paragraphs but we have
reversed the rejection of claims 1 and 3 through 23 under 35
U.S.C. 103. In addition, we have entered new grounds of
rejection, in accordance with 37 CFR 1.196(b), rejecting claim
23 under 35 U.S.C. 112, first and second paragraphs.
Accordingly, the examiner’s decision is affirmed-in-part.
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 ground of
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