Appeal No. 1998-1215
Application No. 08/091,039
Remand to the Examiner
This application is remanded to the examiner to determine
whether any of claims 26, 27, 30, 31, 35 to 39 and 41 to 43
should be rejected under 35 U.S.C. § 103(a) as unpatentable
over the APA in view of Wallace and/or other prior art.
Conclusion
The examiner’s decision to reject claims 34 to 37 and 40
under 35 U.S.C. § 112, second paragraph, is affirmed, and to
reject claims 25 to 31 and 33 to 43 under 35 U.S.C. § 103(a)
is reversed. Claims 25, 28, 29, 33, 34, 40 and 43 are
rejected pursuant to 37 CFR § 1.196(b), and the case is
remanded to the examiner.
In addition to affirming the examiner's rejection of one
or more claims, this decision contains new grounds 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, "[a]
new ground of rejection shall not be considered final for
purposes of judicial review."
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