Appeal No. 2000-0325
Application No. 08/914,365
scope be removed, as much as possible, during the administrative process.” Zletz, 893
F.2d at 321, 13 USPQ2d at 1322.
CONCLUSION
The rejections of claims 1-12 under 35 U.S.C. § 103 are vacated.
Claim 1 is newly rejected by us under 35 U.S.C. § 102 as being anticipated by
Levinsky.
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 claim:
(1) Submit an appropriate amendment of the claim so rejected or a showing
of facts relating to the claim 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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