Appeal No. 1998-1533 Page 26
Application No. 08/411,202
To summarize, the decision of the examiner to reject
claim 5 under 35 U.S.C. § 103 is affirmed; the decision of the
examiner to reject claims 1 to 3 and 6 under 35 U.S.C. § 103
is reversed; and a new rejection of claim 1 under 35 U.S.C. §
102(b) has been added pursuant to provisions of 37 CFR §
1.196(b)
In addition to affirming the examiner's rejection of one
or more claims, this decision contains a new ground of
rejection pursuant to 37 CFR § 1.196(b). 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 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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