Ex parte KANEKO - Page 16




          Appeal No. 1999-2379                                                        
          Application 08/716,061                                                      

               The rejections of claims 1, 4-6, 8, 10-12, 14, 16-18,                  
          21, 23, and 24 are sustained.                                               
               The rejection of claims 3, 9, 15, and 22 is reversed.                  
               A new ground of rejection has been entered as to                       
          claims 1, 3-6, and 8-11 pursuant to 37 CFR § 1.196(b).                      
               In addition to affirming the Examiner’s rejection of                   
          one or more claims, 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, "A new ground of rejection shall not be considered                
          final for purposes of judicial review."                                     
               Regarding any affirmed rejection, 37 CFR § 1.197(b)                    
          provides:                                                                   
               (b) Appellant may file a single request for                            
               rehearing within two months from the date of the                       
               original decision . . . .                                              
               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                   



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