Appeal No. 1999-0403
Application 08/804,095
The rejection of claims 8 and 12 as being unpatentable
over Lund in view of Reinhardt and Hofmann, and the rejection
of claims 9 and 10 as being unpatentable over Lund in view of
Reinhardt, Hofmann and Hoenstine are reversed.
In addition, a new rejection of claims 7-10 under 35
U.S.C. § 112, second paragraph, pursuant to 37 CFR § 1.196(b)
has been made.
The decision of the examiner is affirmed-in-part.
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)(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, “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
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