Appeal No. 1996-2123
Application No. 08/069,458
As discussed in the Time Period for Response which follows, appellant has two options with
respect to the new ground of rejection, (1) have the matter reconsidered by the examiner, or (2) request
that the application be reheard by the Board of Patent Appeals and Interferences upon the same record.
If appellant chooses option (1), then upon return of this application, the examiner should take into
consideration any response by appellant (made within the prescribed time period for response) to the new
ground of rejection under 37 C.F.R. ' 1.196(b). Thereafter, the examiner should address the issues
concerning the remand of this application for reevaluation of the 102(b)/103 rejection.
TIME PERIOD FOR RESPONSE
This opinion contains a new ground of rejection pursuant to 37 C.F.R. ' 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 C.F.R. ' 1.196(b) provides that, AA new ground of
rejection shall not be considered final for purposes of judicial review.@
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