Appeal No. 2000-2079
Application 08/883,634
appellants’ claims 2-5 and 8-13.
DECISION
The rejection of claims 1-5 and 8-32 under 35 U.S.C. § 103
over Zimmerman in view of Shubkin, Smith, Malec and Caprotti is
affirmed as to claims 1 and 14-32, and reversed as to claims 2-5
and 8-13. The affirmance is denominated as involving a new
ground of rejection under 37 CFR § 1.196(b).
This decision contains new grounds 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 grounds 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 reconsidered
by the examiner, in which event the application will be
remanded to the examiner. . . .
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