Appeal No. 2002-2274
Application No. 08/387,158
rejections under 35 U.S.C. § 103 of claims 33, 34, 39-41, 43, 44,
46-48, 52, 55, 58 and 61 over Sakano in view of Apostolos and the
appellants’ admitted prior art, and claims 35-38, 42, 45, 51, 53,
54, 56, 57, 59, 60, 62, 64 and 66 over Sakano in view of
Apostolos, the appellants’ admitted prior art, and JP ‘683,
JP ‘128 or JP ‘637, are reversed. The rejection of claims 63, 65
and 67 under 35 U.S.C. § 103 over JP ‘683 is reversed. New
grounds of rejection of claims 46, 47, 52, 55, 58, 61, 63, 65 and
67 have been entered under 37 CFR § 1.196(b).
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), 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, “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) Appellants 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 appellants, WITHIN
TWO MONTHS FROM THE DATE OF THE DECISION, must exercise one of
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