Appeal No. 96-1225
Application 08/107,696
for failing to particularly point out and distinctly claim the
subject matter which appellant regards as the invention, and
of claims 1, 3, 5-13, 15, 16 and 18-23 under 35 U.S.C. § 103
as being unpatentable over the combined teachings of
Jackson ‘189, Hoy, Jackson ‘619 and Nishikawa, are reversed.
Under the provisions of 37 CFR § 1.196(b), new grounds of
rejection of claims 1, 3, 6, 18 and 22 have been entered.
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
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