Ex Parte TOMITA et al - Page 11





             Appeal No. 1999-0874                                                                                  
             Application 08/726,733                                                                                



                    This decision contains a new ground of rejection pursuant to 37 CFR § 1.196(b).                
             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                       
             (§ 1.197(c)) as to the rejected claims:                                                               
























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