Appeal No. 1997-2750
Application 08/191,734
relied on by the examiner are insufficient to support a conclusion of obviousness of claims
containing these limitations. Accordingly, the examiner's section 103 rejection of claims
23 and 24 is reversed.
In conclusion, for the reasons set forth in the body of this opinion, we affirm the
examiner's rejection of claims 1 through 10 under 35 U.S.C. § 103 as unpatentable over
the combined disclosures of the Kligman and the SALCARE SC92 brochure. We also
affirm the rejection of claims 11 through 22 under 35 U.S.C. § 103 as unpatentable over
the combined disclosures of the same references but, if desired, applicants may treat our
“affirmance” of the latter claims as though it were a new ground of rejection under the
provisions of 37 CFR § 1.196(b). We reverse the rejection of claims 23 and 24 under 35
U.S.C. § 103.
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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