Appeal No. 98-0384
Application No. 08/579,639
figuration when the packaging is actually used to enclose the
coiled strip of photosensitive material.
In summary:
The rejections of claims 2, 8, 13, 17, 18 and 20 under 35
U.S.C. § 103 are reversed.
A new rejection of claims 2-6, 8-13, 15, 17, 18 and 20
under 35 U.S.C. 112, second paragraph, has been made.
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 re-
view.”
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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