Appeal No. 97-0519
Application 08/291,719
(Oct. 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 appellant,
WITHIN TWO MONTHS FROM THE DATE OF THE DECISION, must exer-
cise 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
exam- iner, in which event the application
will be remanded to the examiner. . . .
(2) Request that the application be re-
heard 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
con-nection with this appeal may be extended under 37 CFR §
1.136(a).
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