Appeal No. 1998-1736
Application 08/282,847
specification. Cf. In re Cohn, 438 F.2d 989, 993, 169 USPQ
95, 98 (CCPA 1971).
(B) Claim 9 is indefinite in that it is not clear which of the
two previously-recited (in claim 7) ultrasonic transducers is
being referred to by “said ultrasonic transducer.”
Conclusion
The examiner’s decision to reject claims 1 to 11 is
reversed. Claims 8 to 11 are rejected pursuant to 37 CFR
1.196(b).
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
12
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