Appeal No. 2000-0526
Application No. 08/818,958
2, 3, 9 and 10 under 35 U.S.C. § 112, second paragraph, and of
claim 2 under the judicially created doctrine of obviousness-
type double patenting are added pursuant to 37 CFR § 1.196(b).
In addition to affirming the examiner's rejections of one
or more claims, this decision contains new grounds 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 . . . .
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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