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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