Appeal No. 97-3144
Application No. 08/372,390
also for the recitation of “said central fuselage” (claims 4
and 6).
The decision of the examiner to reject the appealed
claims under § 103 is affirmed with respect to claims 2, 3, 6,
8, 9, 13, 15 and 18 through 24, but is reversed with respect
to claim 4. In addition, a new ground of rejection has been
entered against claims 3, 4 and 6.
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.”
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 matter
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