Appeal No. 2000-1728 Page 14
Application No. 08/785,128
The rejection of claims 13, 14 and 16-18 on the basis of DesMarais and Visscher
is sustained.
Claim 15 stands newly rejected under 35 U.S.C. § 103 as being unpatentable over
DesMarais in view of Visscher.
The decision of the examiner is affirmed-in-part.
In addition to affirming the examiner’s rejection of one or more claims, 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, “A
new ground of rejection shall not be considered final for purposes of judicial review.”
Regarding any affirmed rejection, 37 CFR § 1.197(b) provides:
(b) Appellant may file a single request for rehearing within two months from
the date of the original decision . . . .
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 ground of rejection to avoid termination of proceedings (37 CFR
§ 1.197(c)) as to the rejected claims:
(1) Submit an appropriate amendment of the claims so rejected or a
showing of facts relating to the claims so rejected, or both, and have the
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