Ex parte NG et al. - Page 15




              Appeal No. 1995-0770                                                                                         
              Application No. 07/929,457                                                                                   

                     This opinion 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 (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 appellant, 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. . . .                                 

                     No time period for taking any subsequent action in connection with this appeal may                    
              be extended under 37 CFR § 1.136(a).                                                                         
                                           REVERSED - 37 CFR § 1.196(b)                                                    








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