Appeal No. 1997-2216
Application No. 08/392,661
III. CONCLUSION
In view of the forgoing, it is ordered that the decision
of the examiner rejecting claims 1 through 6 and 8 under 35
U.S.C.
§ 102 and claims 7 and 9 through 13 under 35 U.S.C. § 103 is
vacated. Claims 1 through 6, 8, and 12 are rejected under a
new ground of rejection pursuant to 37 CFR § 1.196(b).
This DECISION and ORDER 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 that, "[a] 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
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