Appeal No. 1999-0112 Page 11
Application No. 08/693,614
To summarize, the decision of the examiner to reject
claims 5 through 9 under 35 U.S.C. § 103 is reversed and a new
35 U.S.C. § 112, second paragraph, rejection of claims 5
through 8 is entered 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
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
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
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