Appeal No. 1998-2823
Application No. 08/458,010
claims 8, 9, 15, 17, 20 through 22, 26, 27 and 32 through 51
under
35 U.S.C. § 112, first paragraph, is reversed. In addition,
pursuant to 37 CFR § 1.196(b), we have entered a new ground of
rejection against claim 27 under 35 U.S.C. § 112, second
paragraph, and have remanded the application to the examiner
for further consideration under 35 U.S.C. § 112, first
paragraph.
The decision of the examiner is reversed.
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. 53131, 53197 (Oct. 10, 1997), 1203
Off. Gaz. Pat. 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 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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