Appeal No. 1997-3945
Application No. 08/410,390
CONCLUSION
In conclusion, for the reasons set forth in the body of
this opinion, we reverse the examiner's rejections of claims 1
through 4 and 17 through 20 on prior art grounds. We enter a
new ground of rejection of claims 1 through 4 under 35 U.S.C.
§ 103 as unpatentable over the combined disclosures of
Goodwin, Pastan '985, and Pastan (Cell).
This decision contains a new ground of rejection pursuant
to 37 CFR § 1.196(b) (amended effective Dec. 1, 1997, by final
rule notice, 62 Fed. Reg. 53,131, 53,197 (Oct. 10, 1997), 1203
Off. Gaz. Pat. & Trademark Office 63, 122 (Oct. 21, 1997)).
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(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 . . . .
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