Ex parte SAMEER H. ELDIN et al. - Page 13

          Appeal No. 95-5080                                                           
          Application 07/952,122                                                       

          comparison to lack sufficient probative value to overcome the                
          rejection of record.                                                         
                    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 (Oc. 21, 1997)).               
          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:                                                      
                         (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....                                                    


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