Appeal No. 1999-1716 Page 9
Application No. 08/888,005
SUMMARY
The examiner’s rejection of claims 13-15 and 22-28 under
35 U.S.C. § 112, second paragraph, is not sustained.
The examiner’s rejection of claim 13 under 35 U.S.C. §
102(b) is not sustained.
Pursuant to 37 CFR § 1.196(b), claims 13 and 25 are newly
rejected under 35 U.S.C. § 102(b) as being anticipated by
French Patent No. 1177883.
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
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