Appeal No. 98-0685
Application No. 08/513,529
The rejections of claims 1, 2 and 5-11 under 35 U.S.C. §
103 are reversed.
A new rejection of claims 1, 2 and 5-11 under 35 U.S.C.
§ 112, second paragraph, has been made.
This decision contains a new ground of rejection pursuant
to 37 C.F.R. § 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 C.F.R. § 1.196(b) provides that, “A new ground
of rejection shall not be considered final for purposes of
judicial review.”
37 C.F.R. § 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
(§ 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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