Appeal No. 1998-1850
Application No. 08/596,613
The section 103 rejections of claims 1-6, 8-14, 42, 44, and 45 are affirmed, but the
rejections of claims 15-18, 22-24, 40, and 41 under the same statute are reversed. The
examiner’s decision in rejecting claims 1-6, 8-18, 22-24, 40-42, 44, and 45 is thus
affirmed-in-part.
Claims 15-18, 22-24, 40, and 41 are newly rejected by us under 35 U.S.C.
§ 112, second paragraph.
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 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 claim:
(1) Submit an appropriate amendment of the claim so rejected or a showing
of facts relating to the claim so rejected, or both, and have the matter
reconsidered by the examiner, in which event the application will be
remanded to the examiner
. . . .
(2) Request that the application be reheard under § 1.197(b) by the Board of
Patent Appeals and Interferences upon the same record. . . .
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