Appeal No. 1997-0330
Application 08/493,758
63, 122 (Oct. 21, 1997)). 37 C.F.R. ' 1.196(b) provides
that A[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 following two options
with respect to the new ground of rejection to avoid
termination of proceedings (37 C.F.R. ' 1.197(c)) as to
the rejected claims:
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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