Appeal No. 95-3931
Application 08/163,086
Mertzweiller in view of Bahrmann, Herrmann and appellants’ acknowledged state of the art. Accordingly,
these rejections are summarily affirmed for the same reasons set forth in our affirmance of the rejection of
claims 1-4, 7 and 11, supra.
This decision contains new grounds of rejection pursuant to 37 CFR § 1.196(b) (amended effective
December 1, 1997, by final rule notice, 62 Fed. Reg. 53,131, 53,197 (October 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 appellants, 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
relating to the claims so rejected, or both, and have the matter reconsidered by the
examiner, in which event the application will be remanded to the examiner. . . .
(2) Request that the application be reheard under § 1.197(b) by the Board of Patent
Appeals and Interferences upon the same record. . . .
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