Appeal No. 1999-0368
Application 08/636,033
AAR Standards, would render any such new or amended claim
unpatentable under 35 U.S.C. § 103.
Summary
The standing rejection of claim 1 under 35 U.S.C. §
102(b) is reversed.
A new rejection of claim 1 pursuant to our authority
under 37 CFR § 1.196(b) has been made.
This case is remanded to the examiner to consider the
patentability under 35 U.S.C. § 103 of any claim submitted by
appellants that overcome our new rejection of claim 1.
The decision of the examiner is reversed.
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,
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