Appeal No. 96-0811
Application No. 08/023,955
§ 112. See In re Knowlton, 481 F.2d 1357, 1366, 178 USPQ 486,
492 (CCPA 1973). In the present case, it is inaccurate to
state that the system to be used in a store includes the store
itself.
In summary, the examiner’s decision rejecting claims 1
through 10 and 15 through 17 is reversed, and a new ground of
rejection has been entered against claims 1 through 10 and
claims 12 through 14 under the provisions of 37 CFR §
1.196(b).
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 appellants,
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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