Appeal No. 96-4149
Application 08/276,436
The rejection of claims 1 to 5 and 7 as being anticipated
by Daubenspeck (rejection (2)) is reversed on procedural
grounds.
The rejection of claims 1, 4 and 6 as being anticipated
by Mayr (rejection (3)) is reversed, the reversal being on
procedural grounds with respect to claims 1 and 4 and being on
the merits with respect to claim 6.
In addition, pursuant to 37 CFR § 1.196(b), new
rejections of claims 1 to 7 under 35 U.S.C. § 112, first and
second paragraphs, have been made.
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,
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