Appeal No. 1998-1578
Application No. 08/543,827
annealing temperatures, is even remotely commensurate in scope
with the claims.
Also, the declarant refers to Figures 11 through 14, but
the quality of the photomicrographs as found in the record are
so poor that no reasonable conclusion is possible.
In summary, we have reversed the ground of rejection
advanced on appeal by the examiner. However, we have entered
new grounds of rejection of appealed claims 1 and 14 pursuant
to 37 CFR § 1.196(b) (1997).
The decision of the examiner is reversed.
Time for taking action
This decision contains a new ground of rejection pursuant
to 37 CFR § 1.196(b) (1997). 37 CFR § 1.196(b) provides that
“[a] new ground of rejection shall not be considered final for
the purposes of judicial review.”
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:
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