Appeal No. 94-2113
Application 07/801,207
62 Fed. Reg. 53,131, 53,197 (Oct. 21, 1997)). 37 C.F.R. §
1.196(b) provides, "A new ground of rejection shall not be
considered final for purposes of judicial review."
Regarding any affirmed rejection, 37 C.F.R. § 1.197(b)
provides:
(b) Appellant may file a single request for
rehearing within two months from the date of
the original decision . . . .
37 C.F.R. § 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 C.F.R.
§ 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 37
C.F.R. § 1.197(b) by the Board of Patent Appeals and
Interferences upon the same record. . . .
Should the appellant elect to prosecute further before the
Primary Examiner pursuant to 37 C.F.R. § 1.196(b)(1), in order to
preserve the right to seek review under 37 C.F.R. §§ 1.141 or 145
with respect to the affirmed rejection, the effective date of the
affirmance is deferred until conclusion of the prosecution before
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