Appeal No. 1998-2848
Application 08/398,862
CONCLUSION
The rejection of claims 1-14 under 35 U.S.C. § 101 is
sustained and the rejection of claims 15-20, 38, and 39 under
§ 101 is reversed. The rejection of claims 21-37 under § 101
is reversed because claim 21 is too indefinite to evaluate
statutory subject matter. A new ground of rejection has been
entered as to claims 21-37 under 35 U.S.C. § 112, second
paragraph.
The rejection of claims 1-39 under 35 U.S.C. § 102(e)
over Smith is sustained, but is denominated as a new ground of
rejection because of new reasoning.
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
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