Appeal No. 1999-1289
Application No. 08/334,085
produced”); and Ex parte Steigerwald, 131 USPQ 74 (Bd. App. 1961) (“normal operating
conditions such as while in the container of a proportioner”).
SUMMARY
We grant appellants’ request for rehearing to the extent that our previous decision is
modified to reflect a different basis for rejecting the claims under the second paragraph of
35 U.S.C. § 112. We therefore denominate this decision as a new decision under 37 CFR
§ 1.197(b).
In setting the following time period for response, we remind appellants that should
they elect to request rehearing under 37 CFR § 1.197(b) they do not then have the later
option of having the examiner consider an amendment to the claims, or reconsider the
matter on any basis.
TIME PERIOD FOR RESPONSE
This opinion 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, “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
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