Appeal No. 1997-3823
Application No. 08/320,782
removable transparency (26), it fails to teach the removably
mounted optics required by claim 62. Flader teaches a
removable nose piece for bifocal glasses and likewise fails to
teach optics that are removably mounted on a transparency.
In light of the foregoing, we will not sustain the
standing 35 U.S.C. § 103 rejection of claim 62.
In summary, the decision of the examiner to reject claims
1-7, 11, 14-16, 20, 29-34, 37, 38, 46-54, 57-59 and 62 under
35 U.S.C. § 103 is reversed. The decision of the examiner to
reject claims 25-28 under 35 U.S.C. § 103 is affirmed. We
have also presented new grounds of rejection pursuant to 37
CFR
§ 196(b) of claims 46-51 under 35 U.S.C. § 112, second
paragraph.
In addition to affirming the examiner’s rejection of one
or more claims, this decision contains a new ground of
rejection pursuant to 37 CFR § 1.196(b). 37 CFR § 1.196(b)
provides that “[a] new ground of rejection shall not be
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