Appeal No. 97-2619
Application 08/104,461
contacts in the Nishijo/Shindo combination that have terminal end portions of a first predetermined
thickness and the remainder of the contact, including the crimp portions, of a second lesser thickness,
for the reasons taught by Berg.
In summary, the examiner’s rejections of the appealed claims are reversed. New rejections of
claims 1-5 pursuant to 37 CFR § 1.196(b) have been made.
The decision of the examiner is reversed.
This decision contains new grounds 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 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
grounds of rejection to avoid termination of proceedings (37 CFR § 1.197(c)) as to the rejected claims:
(1) Submit an appropriate amendment of the claims so
rejected or a showing of facts relating to the claims so re-
jected, or both, and have the matter reconsidered by the
examiner, in which event the application will be remanded
to the examiner. . . .
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