Appeal No. 96-3615
Application 08/237,567
Each of the standing rejections is reversed. Our
reversal of the standing rejections of claims 13-15 is not
based on the merits of the examiner’s rejections. We take no
position as to the pertinence of the applied prior art to the
specifics of these claims.
A new rejection of claims 13-15 pursuant to 37 CFR
§ 1.196(b) has been made.
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 rejection to avoid termination of proceedings
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