Ex parte COPELAND et al. - Page 9




              Appeal No. 94-2742                                                                                           
              Application 07/792,600                                                                                       



                                          TIME PERIODS FOR RESPONSE                                                        
                     In addition to affirming the examiner’s rejection of one or more claims, 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, “A new ground of rejection shall not be considered final for purposes                   
              of judicial review.”                                                                                         
                     Regarding any affirmed rejection, 37 CFR § 1.197(b) provides:                                         
                     (b) Appellant may file a single request for rehearing within two months from                          
                     the date of the original decision . . . .                                                             
                     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 (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. . . .                                 




                                                            9                                                              





Page:  Previous  1  2  3  4  5  6  7  8  9  10  11  Next 

Last modified: November 3, 2007