Appeal No. 96-0405
Application No. 08/178,668
the board enters the following new ground of rejection.
Claims 23 through 30 are rejected under 35 U.S.C. § 112,
second paragraph, as being indefinite. Claim 22, line 5;
claim 24, line 6; claim 25, line 6; and claim 25 line 6
"substantially parallel" is not understood relative to the
"rigid section."
In summary, this panel of the board has reversed the
rejection of claims 23 through 30 under 35 U.S.C. § 103 as
being unpatentable over Anderson in view of Kent, Jr.
Additionally, we have introduced a new ground of rejection.
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
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