Appeal No. 1998-1053
Application No. 07/974,832
In view of the foregoing, the examiner's decision
rejecting claims 35 through 37 under 35 U.S.C. § 112, second
paragraph, is affirmed, but the decision of the examiner
rejecting claims 1 through 11, 14, 17 through 30 and 33
through 37 under 35 U.S.C.
§ 103 is reversed. In addition, pursuant to 37 CFR §
1.196(b), we have entered a new ground of rejection against
all pending claims under 35 U.S.C. § 112, second paragraph.
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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