Appeal No. 2000-0448
Application No. 08/605,765
Conclusion
The examiner’s decision to reject claims 1 to 28 under
35 U.S.C. § 103(a) is affirmed as to claims 1, 2, 6 to 9, 20
to 25 and 28, and reversed as to claims 3 to 5, 10 to 19, 26
and 27. Claim 19 and 26 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, "[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 . . . .
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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