Appeal No. 1997-1830
Application No. 08/389,860
(3) Claim 12 is rejected under 35 U.S.C. § 112, second paragraph. Claim
12 depends from claim 7 and adds the limitation that “the female is elderly.”
However, claim 7 does not recite a “female.” The recitation of “the female” in
claim 12 therefore lacks proper antecedent basis.
TIME PERIOD FOR RESPONSE
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, Ã new ground of
rejection shall not be considered final for purposes of judicial review.~
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 ground of rejection to avoid
termination of proceedings (~ 1.197(c)) as to the rejected claims:
(1) Submit an appropriate amendment of the
claims so rejected or a showing of facts relating to the
claims so rejected, or both, and have the matter
reconsidered by the examiner, in which event the
application will be remanded to the examiner. . . .
(2) Request that the application be reheard
under ~ 1.197(b) by the Board of Patent Appeals and
Interferences upon the same record. . . .
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