Appeal No. 97-2168
Application No. 08/382,120
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, 1997)). 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 (37 CFR § 1.197(c)) as to the rejected
claims:
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. . . .
Request that the application be
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