Appeal No. 1998-0671
Application 08/285,328
CONCLUSION
The rejections of claims 1-14 and 17-19 are reversed.
A new ground of rejection is entered as to claims 1 and 7
pursuant to 37 CFR § 1.196(b).
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 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 (37 CFR § 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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