Appeal No. 1996-3281
Application 07/895,467
§ 1.136(a). See the final rule notice, 54 F.R. 29548 (July
13, 1989), 1105 O.G. 5 (August 1, 1989).
Effective August 20, 1989, 37 CFR § 1.196(b) has been
amended to provide that a new ground of rejection pursuant to
the rule is not considered final for the purpose of judicial
review under 35 U.S.C. §§ 141 or 145.
Failure by Appellant to timely request reconsideration by
the Board or to timely seek prosecution before the examiner
with respect to the new rejection as provided for by 37 CFR §
1.196(b) will result in the cancellation of all the claims
subject to the new rejection.
REVERSED
37 CFR § 1.196(b)
Lee E. Barrett )
Administrative Patent Judge )
)
)
)
Michael R. Fleming ) BOARD OF
PATENT
Administrative Patent Judge ) APPEALS AND
) INTERFERENCES
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