Appeal No. 96-1122
Application 08/087,134
(paper no. 8, page 14). Since the claims in the present
application are in the
elected group of the Tokailin application, an obviousness-type
double patenting rejection is appropriate regard less of the
restriction requirement.
DECISION
The rejections of claims 2, 3 and 11 under 35 U.S.C.
§§ 102(a) and 102(e) as being anticipated by Ueda, and claims
2, 3, 11, 22 and 23 under 35 U.S.C. § 103 as being obvious
over Ueda
in view of Matsunaga, are reversed. A new ground of rejection
has been entered 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.”
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