Ex parte CRIVELLO et al. - Page 12




          Appeal No. 1996-3214                                      Page 12           
          Application No. 08/195,897                                                  


               Pursuant to the provisions of 37 CFR § 1.196(b), the                   
          following new ground of rejection has been made.  Claims 14-20              
          are rejected under 35 U.S.C. § 112, second paragraph as failing             
          to particularly point out and distinctly claim that which                   
          applicants regard as invention.                                             
               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                           








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