Appeal No. 97-0256
Application 08/233,215
affirmed as to claim 1, but reversed as to claims 6 and 7. The
rejection of claims 2 and 5 under 35 U.S.C. § 103 as being
unpatentable over PT in view of Clarkson is reversed. The
examiner’s rejection of claims 1, 6 and 7 under 35 U.S.C. § 102(b)
as being anticipated by Rogow is affirmed, while the rejection of
claims 2 and 5 under 35 U.S.C. § 103 as being unpatentable over
Rogow in view of Clarkson is reversed. It follows from the
foregoing that the decision of the examiner is affirmed-in-part.
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, “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 . . . .
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