Appeal No. 1996-1788
Application No. 08/158,580
the phrase "the unsaturated sites in the base resin." This
deficiency is all the more glaring considering that
appellants' specification (p. 1, l. 14-22; p. 7, l. 14-20)
suggests that appellants regard unsaturated sites in the base
resin as being an essential aspect of their invention.
Accordingly, in order to obviate this rejection appellants
should provide antecedent basis in their claims by indicating
that the reactive base resin of step (a) is an unsaturated
resin or that it contains at least one unsaturation site.
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 (37
CFR § 1.197(c)) as to the rejected claims:
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