Appeal No. 96-4137 Application 08/260,674 Turner chair with rungs as taught by French Patent to obtain a chair that rocks. In summary, the examiner’s rejections of: claims 22 and 23 under 35 U.S.C. § 112, second paragraph and of claims 1-5, and 7-20 under 35 U.S.C. § 103 are affirmed. The examiner’s rejections under 35 U.S.C. § 103 of claims 6, 21-23 are not sustained. Claims 1-5, 10-13, 15, 19 and 20 are rejected pursuant to 37 CFR 1.196(b). In addition to affirming the examiner’s rejection of one or more claims, this decision contains new grounds 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 24Page: Previous 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 NextLast modified: November 3, 2007