Ex parte TEXTER et al. - Page 11




            Appeal No. 1996-3955                                                                              
            Application 08/170,601                                                                            


            skill in the art.                                                                                 
                   For the above reasons, we conclude that the examiner has                                   
            not carried the burden of establishing a prima facie case of                                      
            obviousness of the invention recited in any of appellants’                                        
            claims.  Accordingly, we reverse the examiner’s rejection.                                        


                                                 DECISION                                                     
                   The rejection of claims 1-14, 16, 17, 19 and 21-26 under                                   
            35 U.S.C.  103 over the combined teachings of Texter, JP                                         
            ‘751, Cole, Hara, Schenk and Peters is reversed.  Under the                                       
            provisions of 37 CFR  1.196(b) a new ground of rejection of                                      
            claims 1, 4/1, 5/1, 6/5/1, 7/1, 8/7/1, 9/1-14/1, 16/1 and 17/1                                    
            has been entered.                                                                                 
                   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.”                                                                                          


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