Appeal No. 96-3304
Application 08/279,565
using an optical laser scanner. This input would be
representative of energy consumed and would vary in relative
amount over time.
In regard to claims 8 and 21, we note that a display
means that includes a plurality of tumblers is well known. In
any case, in view of the disclosure in Becker of a display
means comprising a plurality of drums or tumblers (Fig. 5), it
would have been obvious to use such a plurality of drums or
tumblers in the modified metering apparatus of Becker.
In summary, the examiner’s rejections of claims 1-23 are
reversed.
We have entered a new rejection of claims 1-4, 8, 11-17
and 21 pursuant to 37 CFR § 1.196(b) (amended effective Dec.
1, 1997, by final rule notice, 62 Fed. Reg. 53,197 (Oct. 10,
1997), 1203 Off. Gaz. Pat. & Trademark Office 63, 122 (Oct.
21, 1997)). Section 1.196(b) of 37 CFR 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
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