Appeal No. 1998-2849 Page 17
Application No. 08/584,158
reject claims 35 through 37, 39 and 41 under 35 U.S.C. §
102(b) is reversed; the decision of the examiner to reject
claims 38, 40 and 42 through 61 under 35 U.S.C. § 103 is
reversed; and a new rejection of claim 57 under 35 U.S.C. §
112, fourth 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
Off. Gaz. Pat. 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 appellant,
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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