Appeal No. 1998-0096
Application No. 08/518,182
17, 21 through 27 and 29 through 33 under 35 U.S.C. § 103(a)
is reversed. Accordingly, the decision of the examiner is
affirmed-in-part.
In addition, this decision contains a new ground of
rejection of claims 7 through 18, 21 through 27, and 29
through 33 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, "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:
(b) Appellant may file a single request for
rehearing withing two months from the date of the
original decision. . . .
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
grounds of rejection to avoid termination of proceedings (37
CFR § 1.197(c)) as to the rejected claims:
(1) Submit an appropriate amendment of the
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