Appeal No. 1997-3792
Application No. 08/321,334
required by the claim. Rather, both are being turned off in
response to other control signals. The § 102 rejection of
claim 11 over Lin is therefore reversed.
As the examiner has not explained how the foregoing
deficiency is remedied by Perry, which is relied on together
with Lin to reject dependent claim 12, or by Georgiou, which
is relied on with Lin and Perry to reject dependent claim 13,
the § 103 rejection of those claims is reversed.
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 rejection shall not be
considered final for purposes of judicial review.”
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 ground of
rejection to avoid termination of proceedings (§ 1.197(c)) as
to the rejected claims:
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