Ex parte FERRE - Page 8




          Appeal No. 96-1608                                                          
          Application 08/220,462                                                      


          clauses of independent claims 9 and 10.                                     
               In summary:                                                            
               a) the decision of the examiner to reject 3, 7, 9, 10, 12              
          and 14 through 16 under 35 U.S.C. § 103 is reversed; and                    
               b) new rejections of 3, 7, 9, 10, 12 and 14 through 16                 
          are entered pursuant to 37 CFR § 1.196(b).                                  
               This decision contains new grounds 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 the appellant,                    
          WITHIN TWO MONTHS FROM THE DATE OF THE DECISION, must exercise              
          one of the following two options with respect to the new                    
          grounds 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                       
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