Appeal No. 97-1871
Application 08/325,847
U.S.C. § 103 is affirmed as to claims 1, 3, 8 to 12, 16 to 18, 20, 21, 31 and 32, and is reversed as to
claims 2, 4 to 7, 13 to 15 and 22 to 30. Claims 1 to 3, 8 to 11, 16, 20 to 22, 31 and 32 are rejected
pursuant to 37 CFR § 1.196(b), and the application is remanded to the examiner.
In addition to affirming the examiner’s rejections 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, “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
grounds 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 matter reconsidered by the
examiner, in which event the application will be remanded to the examiner. . . .
(2) Request that the application be reheard under § 1.197(b) by the Board of
Patent Appeals and Interferences upon the same record. . . .
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