Appeal No. 97-1242
Application 08/226,521
is addressed by the teaching of an elastic holding member 20 in
Yumoto.
In summary, this panel of the board has:
reversed the rejection of claim 1 under 35 U.S.C. § 103
as being unpatentable over Yumoto in view of Stalker; and
reversed the rejection of claims 2 through 4 under
35 U.S.C. § 103 as being unpatentable over Yumoto in view of
Stalker and Clayton.
Additionally, we have introduced a new ground of
rejection for claims 1 and 2 pursuant to our authority under
37 CFR § 1.196(b).
The decision of the examiner is reversed.
This decision contains a new ground of rejection pur-
suant 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 exer-
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