Appeal No. 2002-0867
Application No. 08/738,659
We have sustained the rejection of claims 10, 16, 36, 42, 74, 78, 82, and 86
under 35 U.S.C. § 103, but have not sustained the rejection of claims 12-15, 17-19, 38-
41, 43, 44, 52-61, 68-73, 75-77, 79-81, 83-85, and 87. The examiner’s decision in
rejecting claims 10, 12-19, 36, 38-44, 52-61, and 68-87 is thus affirmed-in-part.
Claims 10, 16, 36, 42, 74, 78, 82, and 86 are newly rejected by us under 35
U.S.C. § 102.
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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