Ex parte WHITNEY - Page 11




          Appeal No. 1999-0718                                                        
          Application 08/594,149                                                      



          under 35 U.S.C. § 112, second paragraph, has been added pursu-              
          ant to    37 CFR § 1.196(b).                                                


                    The decision of the examiner is reversed.                         


                    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. and 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 judi-               
          cial 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:                                 

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