Appeal No. 1998-3232 Page 12
Application No. 08/738,920
than one based upon the merits of the 35 U.S.C. § 103
rejection, as noted above.
CONCLUSION
The decision of the examiner to reject claims 2, 4-17, 19
and 20 under 35 U.S.C. § 103 is reversed and a new rejection
of
claims 2, 4-17, 19 and 20 under 35 U.S.C. § 112, second
paragraph has been added pursuant to provisions of 37 CFR §
1.196(b).
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
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
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