Appeal No. 2003-1981 Page 13
Application No. 09/715,684
to allow the appellant a fair opportunity to react thereto (see In re Kronig, 539 F.2d
1300, 1302-03, 190 USPQ 425, 426-27 (CCPA 1976)).
CONCLUSION
To summarize, the decision of the examiner to reject claims 1, 3, 4, 7 and 8
under 35 U.S.C. § 102(b) as being anticipated by Batick is affirmed with respect to
claims 1, 7 and 8 and reversed with respect to claims 3 and 4 and the decision of the
examiner to reject claims 1 and 7 to 9 under 35 U.S.C. § 102(e) as being anticipated by
Maeda is reversed.
In addition to affirming the examiner's rejection of one or more claims, we have
denominated our affirmance of claim 1 a new ground of rejection under 37 CFR
§ 1.196(b). 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
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