Appeal No. 2001-0968
Application No. 08/894,423
The limitations recited in claims 6 through 8, 10 and 13 are taught by Werner.
The subject matter of appealed 11 appears to be free from the applied prior art.
Time for taking action
This decision contains new grounds of rejection pursuant to
37 CFR § 1.196(b). 37 CFR § 1.196(b) provides that "[a] new
ground of rejection shall not be considered final for the
purposes of judicial review."
37 CFR § 1.196(b) also provides that the appellants, 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 recon-
sidered by the examiner, in which event the application
will be remanded to the examiner...
(2) Request that the application be reheard under
37 CFR § 1.197(b) by the Board of Patent Appeals and
Interferences upon the same record...
No time period for taking any subsequent action in
connection with this appeal may be extended under 37 CFR §
1.136(a).
10
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