Appeal No. 2000-0293 Page 10
Application No. 08/766,862
In addition to affirming the examiner’s rejection of one or
more claims, this decision contains a new ground of rejection
pursuant to 37 CFR § 1.196(b) and a remand pursuant to 37 CFR §
1.196(e).
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(e) provides that:
[w]henever a decision of the Board of Patent
Appeals and Interferences includes or allows a
remand, the decision shall not be considered a
final decision. When appropriate, upon
conclusion of proceedings on remand before the
examiner, the Board of Patent Appeals and
Interferences may enter an order otherwise
making its decision final.
Regarding any affirmed rejection, 37 CFR § 1.197(b) provides:
(b) Appellant may file a single request for rehearing within
two months form 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 with respect to the new ground of rejection to
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