Appeal No. 97-1754
Application 08/462,133
Summary
The rejection of claims 2 and 3 under 35 U.S.C. § 103 is
reversed on the merits with respect to claim 2 and on
procedural ground with respect to claim 3.
The rejection of claims 2 and 3 under 35 U.S.C. § 112,
second paragraph, is affirmed, our affirmance being
denominated a new ground of rejection pursuant to 37 CFR §
1.196(b).
Since at least one rejection of each of the appealed
claims has been affirmed, the decision of the examiner finally
rejecting claims 2 and 3 is affirmed.
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 appellants WITHIN
TWO MONTHS FROM THE DATE OF THE DECISION, must exercise one of
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