Appeal No. 1998-2287
Application No. 08/211,157
at 1056, 44 USPQ2d at 1029 (“It is the applicants’ burden to
precisely define the invention, not the PTO’s.”).
In summary, we reverse the examiner’s rejections under 35
U.S.C. § 102(b) of claims 6, 8, 10, 11, 18, and 22 as
anticipated by Griffith ‘213 or Griffith ‘910 and under 35
U.S.C. § 103 of claims 6, 8, 10 through 12, 16, 18, 19, and 21
through 26 as unpatentable over Griffith ‘213 or Griffith
‘910, each in view of the appellant’s admitted prior art,
Narishige, Jahnes, and Nishimura. However, pursuant to 37 CFR
§ 1.196(b), we have entered a new ground of rejection under
the second paragraph of 35 U.S.C. § 112 of all the appealed
claims.
Time for taking action
This decision contains a new ground of rejection pursuant
to 37 CFR § 1.196(b). 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 appellant,
WITHIN TWO MONTHS FROM THE DATE OF THE DECISION, must exercise
one of the following two options with respect to the new
10
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