Appeal No. 1998-1052
Application No. 08/683,600
The rejection of claims 5, 6, 18, 20, 25-29 and 31 as
being unpatentable over Anderson in view of Bubley is reversed
as to claims 5, 6, 18, 20 and 26-29, but is affirmed as to
claims 25 and 31.
The rejection of claim 30 as being unpatentable over
Anderson in view of Bubley and Wimberger is reversed.
With respect to claims 29 and 30, we reiterate that our
reversal of the § 103 rejections thereof is a procedural
reversal rather than one based on the merits of these
rejections.
Pursuant to 37 CFR § 1.196(b), a new ground of rejection
of claims 29 and 30 has been made.
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 that “[a] new ground of rejection shall
not be considered final for purposes of judicial review.”
37 CFR § 1.196(b) also provides that appellants, WITHIN
TWO MONTHS FROM THE DATE OF THE DECISION, must exercise one of
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