Appeal No. 96-2862
Application No. 08/030,704
The rejection of claims 9 and 21 under 35 U.S.C. § 103 is
affirmed.
The rejections of claims 7, 10-13, 23 and 24 under 35 U.S.C.
§ 103 are reversed.
New rejections of claim 22 under 35 U.S.C. §§ 102(b) and 103
have been made.
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 that “[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 appellants, 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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