Appeal No. 97-2966
Application 08/393,858
USPQ 964, 966 (Fed. Cir. 1985).
In summary:
The rejection of claims 7-9 under 35 U.S.C. § 112, first
paragraph, is reversed.
A new rejection of claims 7-9 has been made under 35
U.S.C. § 103.
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.”
37 CFR § 1.196(b) also provides that the appellant,
WITHIN TWO MONTHS FROM THE DATE OF THE DECISION, must exercise
one of
the following two options with respect to the new ground of
7
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