Appeal No. 96-3744 Page 13
Application No. 08/173,764
actuation mechanism/servoactuators exceed a predetermined
velocity as recited in claims 1 and 16.
CONCLUSION
To summarize, the decision of the examiner to reject
claims 1 through 16 under 35 U.S.C. § 103 is reversed and a
new rejection of claims 1 through 16 under 35 U.S.C. § 112,
first paragraph, has been added pursuant to provisions of 37
CFR
§ 1.196(b).
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. 53131, 53197 (Oct. 10, 1997), 1203
Off. Gaz. Pat. 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 appellants,
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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