Appeal No. 97-1473
Application 08/492,376
entered a new ground of rejection against claims 1 through 7 on
appeal under the judicially created doctrine of obviousness-type
double patenting as being unpatentable over claims 1 through 4,
11, 13 and 15 of U.S. Patent No. 5,454,567 in view Stebing.
In accordance with the foregoing, it is clear that the
decision of the examiner has been 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 . . . .
37 CFR § 1.196(b) also provides that the appellant, WITHIN
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