Appeal No. 96-2056
Application No. 08/210,139
“producing a pressure difference between opposite sides of the
material, whereby a forming mold is pressed against the
material” (claims 13 and 14).
Every limitation of appellants' claimed process
reasonably appears to be described in Masumoto ‘935.
Therefore, we hereby newly reject claims 11 through 14 under
35 U.S.C. § 102(e) as anticipated by or under 35 U.S.C § 103
as unpatentable over Masumoto ‘935. See In re Best, 562 F.2d
1252, 1255, 195 USPQ 430, 433 (CCPA 1977).
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
8
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