Appeal No. 96-1313
Application 08/202,536
ionic species can serve as a mediator ion for another ionic
species.
For the above reasons, we conclude, based on the
preponderance of the evidence, that appellants’ claimed
invention would have been obvious to one of ordinary skill in
the art within the meaning of 35 U.S.C. § 103.
DECISION
The rejection of claims 10-18 and 25-27 under 35 U.S.C.
§ 103 as being unpatentable over Morgan is affirmed. This
affirmance is denominated as involving a new ground of
rejection under 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. 53131, 53197 (Oct. 10, 1997), 1203
Off. Gaz. Pat. 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
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