Appeal No. 96-3019
Application No. 08/386,136
DECISION
In summary, we have affirmed the examiner’s grounds of
rejection under § 103. However, because our additional
rationale for affirming the grounds of rejection under § 103
materially differs from that of the examiner as we have set
forth above, we have designated our affirmance as involving a
new ground of rejection pursuant to 37 CFR § 1.196(b)(1997).
In addition to affirming the examiner’s rejection of one
or more claims, 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, “A new
ground of rejection shall not be considered final for purposes
of judicial review.”
Regarding any affirmed rejection, 37 CFR § 1.197(b)
provides:
(b) Appellants may file a single request for
rehearing within two months from the date of the
original decision . . . .
37 CFR § 1.196(b) also provides that the appellants,
WITHIN TWO MONTHS FROM THE DATE OF THE DECISION, must exercise
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