Appeal No. 1996-2966
Application No. 08/257,232
of Gelbart and Smith are also not convincing. If a prior art
rejection of the claims continues to be an issue in this case,
both appellants and the examiner should consider fortifying
this record with better evidence and/or arguments.
In summary, the rejections of the claims under 35
U.S.C. § 103 are technically reversed. We have entered a new
rejection of the claims under the second paragraph of 35
U.S.C. § 112 as being indefinite.
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
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