Appeal No. 97-2822
Application 08/455,900
and Mayer has also not been sustained. In addition, based on the
authority provided by 37 CFR § 1.196(b), we have entered a new
ground of rejection against claims 11 and 12 on appeal under
35 U.S.C. § 112, first paragraph.
The decision of the examiner is, accordingly, 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 that “[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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