Appeal No. 1997-1183
Application No. 08/066,362
CONCLUSION
To summarize, the decision of the Examiner to reject claims 1-4 under 35 U.S.C. §
103 is affirmed; the decision of the Examiner to reject claims 5-6 under 35 U.S.C. § 103
is reversed; and the decision of the Examiner to reject claims 1-6 under provisional
obviousness-type double patenting is moot.
In addition to affirming the Examiner’s rejection of claims 1-4, 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) 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 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
§ 1.197(c)) as to the rejected claims:
(1) Submit an appropriate amendment of the claims so rejected or a
showing of facts relating to the claims so rejected, or both, and have the
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