Appeal No. 97-3198
Application No. 08/502,408
SUMMARY
The rejection of claims 1 and 2 under Section 102(b) is
not sustained.
The rejection of claims 1-3 under Section 103 is not
sustained.
New rejections of claims 1-3 have been entered under the
first and second paragraphs of Section 112.
The decision of the examiner is reversed.
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
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