Appeal No. 2002-0137
Application 09/069,765
Conclusion
In summary we have not sustained the rejection under
35 U.S.C. § 102 of claims 1-19. We have entered a new grounds of
rejection against claims 15-17 under 37 CFR § 1.196(b).
As indicated supra, this decision contains a new grounds of
rejection pursuant to 37 CFR § 1.196(b) (amended effective
December 1, 1997, by final rule notice, 62 Fed. Reg 53131, 53197
(October 10, 1997), 1203 Off. Gaz. Pat, Office 63, 122 (October
21, 1997)). 37 CFR § 1.196(b) provides that, “[a] new grounds of
rejection shall not be considered final for the purposes of
judicial review.”
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 grounds 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 . . .
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