Appeal No. 1997-2774
Application No. 08/080,471
under 35 U.S.C. § 103 is reversed. Accordingly, the decision
of the examiner rejecting claims 1 through 14, 16 through 22,
24 through 34, and 36 through 44 is affirmed-in-part. A new
ground of rejection of claims 28, 30, 33, 37, and 43 under 35
U.S.C. § 112, second paragraph has been added pursuant to
provisions of 37 CFR § 1.196(b).
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) Appellants 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 appellant,
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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