Appeal No. 97-3194 Page 35
Application No. 08/442,816
being unpatentable over Damon in view of Johnson is reversed;
(6) the decision of the examiner to reject claims 9, 10, 13 to
17, 19 and 20 under 35 U.S.C. § 103 as being unpatentable over
Damon in view of Lipschutz is affirmed; and (7) the decision
of the examiner to reject claim 38 under 35 U.S.C. § 103 as
being unpatentable over Damon in view of Johnson and Clark is
reversed. In addition, for reasons explained supra, we have
denominated our affirmance of claims 3, 4, 6, 9 to 20 and 44
to 46 to be a new ground of rejection under 37 CFR § 1.196(b).
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. 53131, 53197 (Oct.
10, 1997), 1203 Off. Gaz. Pat. 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:
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