Appeal No. 95-3017
Application 07/952,061
and Interferences under the provisions of 37 CFR § 1.196(d)
and/or prosecute further before the Primary Examiner by way of
amendment or showing of facts, or both, not previously of record
with respect to the new rejection under 37 CFR § 1.196(b) if the
appellant so elects.
Upon conclusion of the proceedings before the Primary
Examiner on remand, this case should be returned to the Board
by the Primary Examiner so that the Board may either adopt its
decision as final or render a new decision on all of the claims
on appeal, as it may deem appropriate. Such return for this
purpose is unnecessary if the application is abandoned expressly
or as the result of an unanswered Office action, allowed or again
appealed.
We note that 37 CFR § 1.196(b) provides that a new
ground of rejection pursuant to the rule is not considered final
for the purpose of judicial review under 35 U.S.C. §§ 141 or 145.
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