Appeal No. 1999-1505 Page 13
Application No. 08/638,454
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.
Regarding any affirmed rejection, 37 CFR § 1.197(b)
provides:
(b) Appellant may file a single request for
rehearing within two months from the date of the
original decision . . . .
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
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