Appeal No. 1997-2512
Application No. 08/118,905
However, pursuant to 37 C.F.R. § 1.196(b), claims 12 and 13 are newly rejected
under 35 U.S.C. § 102(b) as anticipated by Kidder.
Also, claim 14 is newly rejected under 35 U.S.C. § 103(a) as unpatentable over
Kidder and the admitted prior art.
Time for taking action
This decision contains a new ground of rejection pursuant to 37 C.F.R.
§ 1.196(b). 37 C.F.R. § 1.196 (b) provides that, “A new ground of rejection shall not be
considered final for the purposes of judicial review.”
37 C.F.R. § 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 ground of rejection to avoid termination of proceedings (37 C.F.R. §
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 37 C.F.R §
1.197(b) by the Board of Patent Appeals and Interferences upon the same
record. . . .
19
Page: Previous 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 Next
Last modified: November 3, 2007