Appeal No. 1996-1767 Page 23
Application No. 08/220,410
CONCLUSION
To summarize, the examiner’s rejections of claims 1, 4-8,
14-16, 25-30, and 32 under 35 U.S.C. § 102(e) and claims 1-8,
12-16, and 25-32 under 35 U.S.C. § 102(b) is affirmed. His
rejection of claims 18-24 under 35 U.S.C. § 103 is affirmed.
The examiner’s objection to the specification and rejection of
claims 9-11 under 35 U.S.C. § 112, ¶ 1, is reversed. A new
rejection of claims 9-11 under 35 U.S.C. § 112, ¶ 2, is added.
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."
3(...continued)
claims as filed does not mean that the claims as filed were
not indefinite.
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