Appeal No. 1996-3973
Application No. 08/048,657
TIME PERIOD FOR RESPONSE
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 CFR § 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 appellants, WITHIN TWO MONTHS FROM
THE DATE OF THE DECISION, must exercise one of the two following options with respect to
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 ....
(2) Request that the application be reheard under § 1.197(b) by the Board
of Patent Appeals and Interferences upon the same record ...
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