Appeal No. 1996-0944
Application No. 08/181,259
§ 1.196(b) under the judicially created doctrine of obviousness-type double patenting over claims 1-7
of Egidio taken (a) alone, (b) in view of Curtis-Prior and (c) in view of Parenti, Remington and Curtis-
Prior.
This decision contains a new ground of rejection pursuant to 37 C.F.R. § 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 C.F.R. § 1.196(b) also provides that the appellant, WITHIN TWO MONTHS FROM
THE DATE OF THE DECISION, must exercise one of the two following options with respect to the
new ground of rejection to avoid termination of proceeedings (§ 1.197(c)) as to the rejectged 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 ...
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