Appeal No. 98-3125
Application Nos. 08/294,730, 90/003,655, 90/003,826 and
90/004,552
designated our affirmance of the rejection of claims 1 and 6
as a new ground of rejection.
It follows from the foregoing that the decision of the
examiner is affirmed-in-part.
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 (37
CFR § 1.197 (c)) as to the rejected claims:
(1) Submit an appropriate amendment of the
claims so rejected or a showing of facts
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