Appeal No. 1999-1037
Application 08/804,284
The examiner’s rejections of the appealed claims are
reversed.
New rejections of claims 1, 11, 12 and 15 pursuant to our
authority under 37 CFR § 1.196(b) have been made.
In addition, this application is remanded to the examiner
under 37 § CFR 1.196(a) for consideration of whether it would
be appropriate to enter a new prior art rejection of any of
claims 3, 4, 11, 12 and 15 in light of the teachings of Carney
‘310.
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,
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
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