Appeal No. 2001-0258 Page 11
Application No. 08/821,978
claims 11-16 and 19-46 under 35 U.S.C. § 112, second paragraph,
is entered pursuant to 37 CFR § 1.196(b). The obviousness
rejections of claims 10-46 are not sustained.
This decision contains a new ground of rejection pursuant to
37 CFR § 1.196(b), 1203 Off. Gaz. Pat. 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 appellants, 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. . . .
(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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