Appeal No. 1996-3162
Application 08/227,897
The examiner's decision to reject claims 1 to 16 is
affirmed as to the rejection of claims 13 and 16 under 35
U.S.C. § 112, second paragraph, but is otherwise reversed.
Claims 2 to 5 and 7 to 14 are rejected pursuant to 37 CFR §
1.196(b).
In addition to affirming the examiner’s rejection
of one or more claims, this decision contains new grounds 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.”
Regarding any affirmed rejection, 37 CFR § 1.197(b)
provides:
(b) Appellant 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 exer-
cise one of the following two options with respect to the new
13
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