Appeal No. 98-1316
Application No. 08/420,896
See also Figures 3 and 4 of the drawing.
From the above, it is readily apparent that the second
end of the catheter is directly connected to the fluid line
34, rather than to the reservoir container 28 as claimed.
In summary:
The examiner's rejections of 2-6, 8-13, 21 and 22 are all
reversed.
A new rejection of claims 2-6, 8-13, 21 and 22 under 35
U.S.C. § 112, first paragraph, has been made.
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 the appellants,
WITHIN TWO MONTHS FROM THE DATE OF THE DECISION, must exercise
one of the following two options with respect to the new
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