Appeal No. 1999-0660
Application No. 08/312,406
§ 1.196(b) provides, "[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 (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 . . . .
(2) Request that the application be reheard under
§ 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).
Order Under 37 CFR § 1.196(d)
Appellant is required to respond to this Order by supplying the information
requested infra in the event that appellant chooses either of the foregoing options under
37 CFR § 1.196(b).
This Order is concerned with the relationship between the forming member (15)
and sheath (12). In this regard, the forming member is shown in Figures 1 and 2 of the
drawings to be suspended in the sheath in spaced relation to the sheath, with no apparent
means for supporting the forming member in the sheath. It thus is unclear how the
forming member is supported if, as recited in claim 1, it does not contact the sheath.
Alternatively, it is unclear how the sheath is supported if there is no contact between the
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