Appeal No. 1999-0486
Application No. 08/633,389
CONCLUSION
The rejections of claims 1-5 and 8-12 under 35 U.S.C. § 103 are reversed.
Claim 5 is newly rejected by us under 35 U.S.C. § 112, second paragraph, or, in
the alternative, under 35 U.S.C. § 112, first paragraph.
This decision contains a new ground 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 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
(§ 1.197(c)) as to the rejected claim:
(1) Submit an appropriate amendment of the claim so rejected or a
showing of facts relating to the claim so rejected, or both, and have the
matter reconsidered by the examiner, in which event the application will
be remanded to the examiner
. . . .
(2) Request that the application be reheard under § 1.197(b) by the Board
of Patent Appeals and Interferences upon the same record. . . .
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