Appeal No. 1998-0093
Application No. 08/459,301
Dependent claims 6 and 7 are satisfied by Nusbaum's oven
thus modified, because Nusbaum's insulating panels are formed
of rigid heat resistant insulation material sandwiched between
layers of heat reflective and heat resistance aluminum (col.
4, ll. 46-59 and col. 6, ll. 1-6).
G. Appellant's options for responding
to the 37 CFR § 1.196(b) rejection
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."
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 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 matter
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