Appeal No. 1999-1499
Application No. 08/764,736
15, 16 and 18 as being a new ground of rejection pursuant to
37 CFR § 1.196(b).
CONCLUSION
To summarize, the decision of the examiner to reject
claims 1, 3 through 10, 12 through 14 and 17 under 35 U.S.C.
§ 103(a) is reversed, however, the decision of the examiner
to reject claims 11, 15, 16 and 18 is affirmed, the rejection
being denominated a new ground of rejection under 37 CFR §
1.196(b).
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. and 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 appellants,
WITHIN TWO MONTHS FROM THE DATE OF THE DECISION, must
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