Appeal No. 97-2480
Application 08/296,122
originally filed specification. See Ex parte Grasselli, 231
USPQ 393, 394 (Bd. App. 1983).
In summary, this panel of the board has affirmed the
rejection of Claim 14 under 35 U.S.C. § 103(a) as being
unpatentable over Meier. Additionally, we have introduced a
new ground of rejection pursuant to 37 CFR 1.196(b).
The decision of the examiner is affirmed.
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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