Appeal No. 1997-0186
Application No. 08/314,568
reversed. The rejection of claims 1-22 under 35 U.S.C. § 103
is reversed. The rejection of claims 1-22 under the
judicially created doctrine of obviousness-type double
patenting is affirmed. Claim 5 is subject to a new ground of
rejection under 35 U.S.C. § 112, fourth paragraph.
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. 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) Appellants 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 appellants,
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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