Ex parte NABITY et al. - Page 6




          Appeal No. 1996-2795                                                        
          Application No. 08/430,155                                                  


          § 1.196(b).  According to 37 CFR § 1.196(b), "[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 exercise              
          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                         
                    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. . . .                                                












                                          6                                           





Page:  Previous  1  2  3  4  5  6  7  8  9  Next 

Last modified: November 3, 2007