Appeal No. 2000-0560
Application No. 08/578,636
paragraph, is affirmed, but we have designated our affirmance
as a new ground of rejection pursuant to 37 CFR § 1.196(b);
the decision of the examiner to reject claims 9, 10 and 12
through 15 under 35 U.S.C. § 102(b) is reversed.
Since at least one rejection of each of the appealed
claims has been affirmed, the decision of the examiner is
affirmed.
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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