Appeal No. 95-3455
Application 07/945,902
is reversed. We have made a new ground of rejection under 37
C.F.R. § 1.196(b) and a recommendation under 37 C.F.R. §
1.196(c),
A statement pursuant to 37 C.F.R. § 1.196(c) has been
made in this decision. 37 C.F.R. § 1.196(c)provides:
Should the decision of the Board of Patent Appeals
and Interferences include an explicit statement that
a claim may be allowed in amended form, appellant
shall have the right to amend in conformity with
such statement which shall be binding upon the
examiner in the absence of new references or grounds
of rejection.
This decision contains a new ground of rejection pursuant
to 37 C.F.R. § 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 C.F.R. § 1.196(b) provides that, "A new ground of rejection
shall not be considered final for purposes of judicial
review."
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
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