Appeal No. 1998-2847 Page 13
Application No. 08/521,873
of these claims and therefore is not a reversal based on the
merits of the rejection.4
CONCLUSION
To summarize, the decision of the examiner to reject
claims 1, 2, 12, 14 to 16, 27, 29, 38 and 40 to 42 under 35
U.S.C.
§ 112, second paragraph, is reversed, the decision of the
examiner to reject claims 1, 2, 12, 14 to 16, 27, 29, 38 and
40 to 42 under 35 U.S.C. § 102(b) is reversed, and a new
rejection of claims 1, 2, 12, 14 to 16, 27, 29, 38 and 40 to
42 under
35 U.S.C. § 112, second paragraph, has been added pursuant to
provisions of 37 CFR § 1.196(b).
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. 53131, 53197 (Oct. 10, 1997), 1203
4The examiner did not set forth the structure of Wilson
which he considered to correspond to each of the three recited
means-plus-function elements.
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