Appeal No. 97-2596 Page 9
Application No. 08/319,345
stresses and stress risers and to utilize laser shock peening as
the peening technique in view of the teachings of Vaccari of the
advantages of laser shock peening over conventional shot peening.
CONCLUSION
To summarize, the decision of the examiner to reject claims
1 through 5 under 35 U.S.C. § 103 is reversed and a new rejection
of claims 1 through 5 under 35 U.S.C. § 103 has been added
pursuant to provisions of 37 CFR § 1.196(b).
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. 53131, 53197 (Oct. 10, 1997), 1203 Off. Gaz.
Pat. 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 appellants, WITHIN
TWO MONTHS FROM THE DATE OF THE DECISION, must exercise one of
the following two options with respect to the new ground of
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