Appeal No. 1999-0406
Application 08/484,019
12, 17, 18, 26, 27, 32, 33, 40 and 42 under 35 U.S.C. § 103(a)
as being unpatentable over Friedheim ‘037 is affirmed with
respect to claims 3, 5, 17, 18, 32 and 33 and reversed with
respect to claims 12, 26, 27, 40 and 42;
c) the decision of the examiner to reject claims 1
through 10, 13, 19 through 24 and 34 through 39 under the
judicially created doctrine of obviousness-type double
patenting is reversed; and
d) a new rejection of claims 14 through 16, 19 through
25, 27 and 28 is entered pursuant to 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)(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.”
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