Ex parte YAMAMOTO et al. - Page 12




          Appeal No. 2000-0286                                      Page 12           
          Application No. 08/704,031                                                  


                                     CONCLUSION                                       
               To summarize, the decision of the examiner to reject                   
          claims 8 to 12 under 35 U.S.C. § 112, first paragraph, is                   
          reversed; the decision of the examiner to reject claims 8 to                
          12 under 35 U.S.C. § 103 is reversed; and a new rejection of                
          claims 8 to 12 under                                                        
          35 U.S.C. § 112, first paragraph, has been added pursuant to                
          provisions of 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                    














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