Appeal No. 2000-1131 Page 9
Application No. 08/505,183
\ CONCLUSION
To summarize, the decision of the Examiner to reject claims 1 and 3-8 under the
judicially created doctrine of obviousness-type double patenting is summarily affirmed. We
make a new ground of rejection under 35 U.S.C, § 103(a), pursuant to our authority under 37
CFR § 1.196(b), over Hert in view of Modern Plastics Encyclopedia. We reverse the decision of
the Examiner to reject claims 1 and 4-8 under 35 U.S.C. § 102 as anticipated by Stevens.
However, we make a new ground of rejection with regard to claims 1, 4, and 6-8 under 35 U.S.C.
§ 103(a) over Stevens. We reverse the decision of the Examiner to reject claims 1 and 3-8 under
35 U.S.C. § 112, first paragraph.
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 (37 CFR
§ 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
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