Ex parte KURTH - Page 24




          Appeal No. 93-4005                                                           
          Application 07/795,158                                                       

               A new ground of rejection under 37 CFR § 1.196(b) has                   
          been entered.                                                                
               E.   Time for taking action                                             
               This opinion contains a new ground of rejection pursuant                
          to Rule 196(b) (37 CFR § 1.196(b), amended effective Dec. 1,                 
          1997).  See Notice of Final Rule, Changes to Patent Practice                 
          and Procedure, 62 Fed. Reg. 53131, 53197 (Oct. 10, 1997),                    
          reprinted in 1203 Off. Gaz. Pat. & Trademark Office 63, 122                  
          (Oct. 21, 1997)).                                                            
               Rule 196(b) provides that, "A new ground of rejection                   
          shall not be considered final for purposes of judicial                       
          review."                                                                     
               Rule 196(b) also provides that the applicant, WITHIN TWO                
          MONTHS FROM THE DATE OF ENTRY OF THIS 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               



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