Appeal No. 1996-3541
Application 08/275,307
SUMMARY
In summary, we have reversed the rejection of claims 30 through 34 under
35 U.S.C. § 102. We have also reversed the rejection of claims 1 through 21 and
23 through 35 under 35 U.S.C. § 103. We have instituted two new rejections under the
provisions of 37 CFR § 1.196(b). These include a rejection of claims 30 through 35 under
the written description portion of 35 U.S.C. § 112, first paragraph, and a rejection of claims
1, 11, 23, 24, 25, 28 through 33 and 35 under 35 U.S.C. § 103.
This decision contains new grounds 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 rejection to avoid termination of proceedings (§ 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
matter reconsidered by the examiner, in which event the application will be
remanded to the examiner. . . .
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