Appeal No. 97-1393
Application 08/456,349
position and again with regard to the structure in its closed
position. Clearly, whether the structure is in its open or
closed positions, it only includes a single game animal
attachment means suspended from the distal end of the upper
arm and one flange support attached to the proximal end of the
upper arm.
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. and 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."
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