Appeal No. 1998-3281
Application 08/650,500
The rejection of claims 3 through 15, 17 through 20 and 22
as being unpatentable under 35 U.S.C. § 103 from the disclosure
in Beach, is reversed. We have made a new ground of rejection
under 37 C.F.R. § 1.196(b), including a rejection of claim 16 and
21, claims previously indicated as allowable by the examiner.
This decision contains a new ground of rejection pursuant to
37 C.F.R. § 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
C.F.R. § 1.196(b) provides that, "A new ground of rejection shall
not be considered final for purposes of judicial review."
37 C.F.R. § 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 claims:
(1) Submit an appropriate amendment of the claims
so rejected or a showing of facts relating to the
claims so rejected, or both, and have the matter
reconsidered by the examiner, in which event the
application will be remanded to the examiner. . . .
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