Ex parte VALLAURI et al. - Page 11




          Appeal No. 1996-3350                                                        
          Application 08/187,114                                                      


          “affirmance” is based                                                       




          on reasoning not set forth by the examiner, we denominate this              
          “affirmance” 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                       

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