Appeal No. 1999-1899 Page 17
Application No. 08/932,090
rejection over Heyl taken together with Ruemelin and the 35
U.S.C. § 103 rejection over Gueyrard taken together with
Ruemelin) differs from the rationale advanced by the examiner,
we hereby designate the affirmance of these two rejections to
be new grounds of rejection pursuant to 37 CFR ' 1.196(b) to
allow the
appellant a fair opportunity to react thereto (see In re
Kronig, 539 F.2d 1300, 1302-03, 190 USPQ 425, 426-27 (CCPA
1976)).
CONCLUSION
To summarize, the decision of the examiner to reject
claims 1, 2 and 4 through 15 under 35 U.S.C. § 103 as being
unpatentable over Heyl taken together with Ruemelin is
affirmed, with the affirmance constituting a new ground of
rejection under 37 CFR
' 1.196(b); the decision of the examiner to reject claims 1, 2
and 4 through 15 under 35 U.S.C. § 103 as being unpatentable
over Oldham taken together with Ruemelin is reversed; the
decision of the examiner to reject claims 1, 2 and 4 through
15 under 35 U.S.C. § 103 as being unpatentable over Heyl taken
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