Appeal No. 95-2889 Page 11
Application No. 07/525,231
We find nothing in Rose or Schwartz to overcome the
deficience in the teachings of Suzuki and Saunders so we
reverse the § 103 rejections of the remaining dependent claims
as well.
New Ground of Rejection under 37 CFR § 1.196(b)
Claims 11, 12, 27 and 28 were not rejected under 35
U.S.C.
§ 112[2] even though they depend from claims 10, 16, 26, and
32, which were rejected under § 112[2]. Since we have
affirmed the rejection of claims 10, 16, 26, and 32 under
§ 112[2], we now extend that rejection to include claims 11,
12, 27 and 28.
DECISION
We affirm the examiner's rejection of claims 10, 16, 26
and 32 under 35 U.S.C. § 112[2] and set forth a new ground of
rejection under § 112[2] as to claims 11, 12, 27 and 28. We
reverse the examiner’s rejection of all the claims under
35 U.S.C. § 103.
This decision contains a new ground of rejection pursuant
to 37 CFR § 1.196(b). Appellants must pursue one of the
options under section 1.196(b) WITHIN TWO MONTHS FROM THE DATE
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