Appeal No. 1999-1770
Application 08/750,625
The examiner's decision to reject claims 5 and 9
under 35 U.S.C. § 102(b) is affirmed, and his decision to
reject claims 5 to 15 under 35 U.S.C. § 103(a) is affirmed as
to claims 5, 7, 9, 10, 12 and 13, and reversed as to claims 6,
8, 11, 14 and 15. The affirmance of the rejection of claims
5, 7, 9, 10, 12 and 13 under § 103 is designated as a new
ground of rejection pursuant to 37 CFR § 1.196(b). Claims 14
and 15 are rejected 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 that
“[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. . . .
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