Appeal No. 1999-0705 Page 8
Application No. 08/129,615
Accordingly, it is our opinion that claim 33 fails to define the metes and bounds of the
claimed invention with a reasonable degree of precision and particularity so as to satisfy the
requirements of the second paragraph of 35 U.S.C. § 112.
CONCLUSION
To summarize, the decision of the examiner to reject claims 1, 6, 13-17, 19, 22-26, 28-
30, 32, 33 and 35 under 35 U.S.C. § 103 is reversed. Additionally, a new ground of rejection
of claim 33 is added pursuant to 37 CFR § 1.196(b).
This decision contains a new ground of rejection pursuant to 37 CFR § 1.196(b). 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 appellants, WITHIN TWO MONTHS FROM
THE DATE OF THE DECISION, must exercise one of the following two options with respect
to the new ground of rejection to avoid termination of proceedings (§ 1.197(c)) as to the
rejected claims:
(1) Submit an appropriate amendment of the claims so rejected or a
showing of facts relating to the claims so rejected, or both, and have the matter
reconsidered by the examiner, in which event the application will be remanded
to the examiner. . . .
(2) Request that the application be reheard under § 1.197(b) by the Board
of Patent Appeals and Interferences upon the same record. . . .
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