Appeal No. 2003-1796 Page 10
Application No. 09/513,563
CONCLUSION
To summarize, the decision of the examiner to reject claims 1, 5 to 10, 16 and 23
to 28 under 35 U.S.C. § 103 is affirmed with respect to claim 8 and reversed with respect
to claims 1, 5 to 7, 9, 10, 16 and 23 to 28. However, for reasons explained supra, we
have denominated our affirmance of the rejection of claim 8 to be a new ground of
rejection under 37 CFR § 1.196(b)
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 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. . . .
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