Appeal No. 97-3708
Application 08/418,321
do not agree with appellants that “[o]ne reading the claim
would not be confused as to its scope merely by the inclusion
of the donning step.” Rather, the inconsistency between the
preamble of the claim and the body of the claim leads to
uncertainty as to the scope of the claim.
In summary, the standing 35 U.S.C. § 103 rejection of the
appealed claims is reversed, and a new rejection pursuant to
37 CFR § 1.196(b) has been entered.
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
ground of rejection to avoid termination of proceedings
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