Appeal No. 98-3404
Application 08/600,813
with appellants' position on this issue, we will not sustain the examiner’s rejection of claims 11 and 13
under 35 U.S.C. § 112, first paragraph.
In summary, both the examiner's rejection of claims 11 and 13 under 35 U.S.C. § 112, first
paragraph, and the rejection of claims 1 through 3, 5 through 7, 9 and 11 through 13 under 35 U.S.C.
§ 102(b) have been reversed. A new rejection of claims 1 through 13 under 35 U.S.C. § 112, second
paragraph, has been added pursuant to 37 C.F.R. § 1.196(b).
The decision of the examiner is reversed.
This decision contains a new ground of rejection pursuant to 37 C.F.R.
§ 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 C.F.R.
§ 1.196(b) provides that, “A new ground of rejection shall not be considered final for purposes of
judicial review.”
37 C.F.R. § 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
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