Appeal No. 95-0865
Application 08/08/007,950
(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 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).
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