Ex parte KILLION - Page 10




          Appeal No. 96-0548                                                          
          Application 08/161,691                                                      


          DeCola or Ibsen and further in view of Dublirer, is not                     
          sustained.  The rejection of Claims 45, 52, and 56 under 35                 
          U.S.C. § 103 as unpatentable over Fletcher in view of DeCola                
          or Ibsen and further in view of Dublirer, is not sustained.                 
               A new ground of rejection is applied against Claims 39-                
          58.                                                                         
               In addition to affirming the examiner’s rejection of one               
          or more claims, 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, “A new                   
          ground of rejection shall not be considered final for purposes              
          of judicial review.”                                                        
               Regarding any affirmed rejection, 37 CFR § 1.197(b)                    
          provides:                                                                   
               (b) Appellant may file a single request for                            
               rehearing within two months from the date of the                       
               original decision . . . .                                              
               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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