Appeal No. 96-0656
Application 08/099,277
CONCLUSION
To summarize, the decision of the examiner rejecting claims 7 through 18 under
35 U.S.C. § 103 is reversed. The decision of the examiner is reversed. A rejection of
claims 12-18 under 35 U.S.C. § 112, second paragraph, has been applied by the Board
along with a rejection of claim 7 under 35 U.S.C. § 103.
No time period for taking any subsequent action in connection with this appeal may
be extended under 37 CFR § 1.136(a).
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. Gas. 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
(§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
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