Appeal No. 1997-4077
Application No. 08/441,989
The rejection of claims 1, 4 and 7 under 35 U.S.C. §
103(a) is affirmed, but we designate our affirmance as a new
ground of rejection pursuant to 37 CFR § 1.196(b).
The rejection of claim 2, 3, 5, 6, 8 and 9 under 35
U.S.C.
§ 103(a) is reversed.
The decision of the examiner is affirmed-in-part.
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) (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.”
Regarding any affirmed rejection, 37 CFR § 1.197(b)
provides:
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