Appeal No. 2002-1600
Application 09/350,858
DECISION
The rejection of claims 18-23 and 25 under 35 U.S.C.
§ 102(b) over Nagle is reversed. The rejection of claim 19 under
35 U.S.C. § 103 over Nagle is affirmed. A new rejection of
claims 18, 20-23 and 25 has 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)(amended effective Dec. 1, 1997, 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) Appellant 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 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
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