Appeal No. 98-0108 Page 10
Application No. 08/598,795
rejecting claims 1 through 4, 9 and 16 through 18 as a new
ground of rejection under 37 CFR § 1.196(b).
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 that, “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 (§ 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. . . .
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