Appeal No. 2000-0504
Application 08/799,898
affirmed. The rejections of claims 1 through 5 and 6 through
10 under Riccio taken alone, Riccio taken with Mahannah, or
Riccio taken with Jones are affirmed. The rejections of
claims 11 through 17 have been reversed, and a new rejection
entered pursuant to our authority under 37 CFR 1.196(b).
Finally, the rejection of claims 21 through 23 has been
reversed.
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.”
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
ground of rejection to avoid termination of proceedings
(§ 1.197(c)) as to the rejected claims:
(1) Submit an appropriate amendment of the
claims so rejected or a showing of facts relating to
10
Page: Previous 1 2 3 4 5 6 7 8 9 10 11 12 Next
Last modified: November 3, 2007