Appeal No. 98-0007
Application 08/440,907
disclosure about a flange (for driving a fan blade) engaging
the face plate, as recited in claim 6.
Conclusion
The examiner’s decision to reject claims 1 to 10 is
reversed. Claims 1 to 10 are rejected pursuant to 37 CFR
§ 1.196(b).
This decision contains new grounds of rejection pur-
suant 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 (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 appellants,
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
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