Appeal No. 99-0637 Page 14
Application No. 08/711,841
CONCLUSION
To summarize, the decision of the examiner to reject
claims 1, 3 and 12 under 35 U.S.C. § 102(b) is affirmed and 4
new rejections of claims 2 and 4 through 7 have been added
pursuant to the 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)(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, "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 . . . .
4Although the examiner's rejection of claim 3 under 35
U.S.C. § 102(b) relying on Silvis was reversed, we note that
the rejection of claims 1, 3 and 12 under 35 U.S.C. § 102(b)
based on Anderson was affirmed, as was the rejection of claims
1 and 12 based on Silvis.
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