Ex Parte Bergeron - Page 6
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of rejection under 37 CFR
§ 1.196(b) in order to provide appellant with a fair opportunity to respond. See In re Kronig, 539 F.2d
1300, 1302-03, 190 USPQ 425, 426-27 (CCPA 1976).
TIME PERIOD FOR RESPONSE
This opinion 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
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 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….
No time period for taking any subsequent action in connection with this appeal may be extended
under 37 CFR § 1.136(a).
AFFIRMED; 37 CFR § 1.196(b)
Donald E. Adams )
Administrative Patent Judge )
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Last modified: November 3, 2007