Ex parte TOGASHI - Page 16




          Appeal No. 1998-2933                                                         
          Application 08/439,082                                                       

               Claims 11-20 are rejected under 35 U.S.C. § 112, second                 
          paragraph, as failing to particularly point out and distinctly               
          claim the subject matter which Appellant regards as his                      
          invention.  Claim 11 recites that "said control unit and said                
          signal receiver are continuously placed in the activated                     
          condition when said control unit detects an electric field of                
          the received remote control signal" which is inconsistent with               
          the later recitation that "the signal processing unit does not               
          include an electric field detector" as well as with                          
          Appellant's description of what he regards as his invention.                 
                                      CONCLUSION                                       
               The rejections of claims 1, 2, 4-6, and 8-21 are                        
          reversed.                                                                    
               A new ground of rejection has been entered against                      
          claims 11-20 pursuant to 37 CFR § 1.196(b).                                  
               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                  



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