Ex parte KANO - Page 17




          Appeal No. 1997-4445                                                        
          Application 08/305,076                                                      

                                     CONCLUSION                                       
               The rejection of claims 6 and 8 under 35 U.S.C. § 102(b)               
          is sustained.  The rejection of claims 7 and 9-14 under                     
          § 102(b) is reversed.                                                       
               A new ground of rejection has been entered as to                       
          claims 6, 9, and 12 under 35 U.S.C. § 112, second paragraph.                
               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."                                                                    
               37 CFR § 1.196(b) also provides that the appellant,                    
          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:                                     
                    (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. . . .                    

                                       - 17 -                                         





Page:  Previous  5  6  7  8  9  10  11  12  13  14  15  16  17  18  19  Next 

Last modified: November 3, 2007