Appeal No. 97-4042 Application 08/578,248 In summary: The rejection of claims 1 and 9 under 35 U.S.C. § 102(b) is affirmed. The rejection of claims 2, 3 and 13 under 35 U.S.C. § 102(b) is reversed. The rejections of claims 6-8, 11, 12, 16 and 18-20 under 35 U.S.C. § 103 are affirmed. The rejections of claims 2, 4, 5, 10, 14, 15 and 17 under 35 U.S.C. § 103 are reversed. New rejections of claims 13, 15 and 17 under 35 U.S.C. § 103 have been made. 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, “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: 23Page: Previous 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 NextLast modified: November 3, 2007