Appeal No. 97-3703 Page 18
Application No. 08/110,349
37 CFR § 1.196(b) provides, "A new ground of rejection
shall not be considered final for purposes of judicial
review."
37 CFR § 1.196(e) provides that
Whenever a decision of the Board of Patent Appeals
and Interferences includes or allows a remand, that
decision shall not be considered a final decision.
When appropriate, upon conclusion of proceedings on
remand before the examiner, the Board of Patent
Appeals and Interferences may enter an order
otherwise making its decision final.
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
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. . . .
No time period for taking any subsequent action in
connection with this appeal may be extended under 37 CFR
§ 1.136(a).
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