Appeal No. 1999-1480
Application No. 08/523,330
CONCLUSION
To summarize, the decision of the examiner to reject
claim 66 under 35 U.S.C. § 112, first paragraph, is affirmed.
The decision of the examiner to reject claims 52-65 and 67-70
under 35 U.S.C. § 103(a) is reversed. We have additionally
presented new grounds of rejection pursuant to 37 C.F.R. §
1.196(b) of claims 63-65 and 67-70 under 35 U.S.C. § 112,
first paragraph.
In addition to affirming the examiner’s rejection of one
or more claims, 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, “A
new ground of rejection shall not be considered final for
purposes of judicial review.”
Regarding any affirmed rejection, 37 C.F.R. § 1.197(b)
provides:
(b) Appellant may file a single request for
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