Ex parte KODAMA et al. - Page 11




          Appeal No. 96-1950                                                          
          Application No. 08/099,929                                                  


          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 (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 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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