Appeal No. 96-0125
Application 07/878,100
of the other claims in this application may be subject to a
rejection similar to our new rejection of claim 1.
In summary, the rejection of claims 1-26 under 35 U.S.C.
§ 103 as formulated by the examiner is reversed. We have entered
a new ground of rejection of claim 1 under 37 CFR § 1.196(b).
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, 1977)). 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. . . .
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