Appeal No. 2000-1240
Application 09/094,067
rejection under 35 U.S.C. § 103 of claims 6, 8, 10, 12 and 13,
further in view of Stinesen. We have reversed the rejection of
record of claims 14-19 under 35 U.S.C. § 102 as being anticipated
by Mukawa. Finally, we have instituted a new ground of rejection
of claims 14, 15 and 17-19 under 35 U.S.C. § 103 as being obvious
over Obara alone. Therefore, the decision of the examiner is
affirmed-in-part.
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). 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 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 both, and have the matter
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