Appeal NO. 1996-3683
Application 08/207,393
SUMMARY
The rejection of the claims under 35 U.S.C. § 112, first
paragraph, is reversed. We have made a new ground of
rejection under 37 C.F.R. § 1.196(b).
This decision 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, "A new ground of rejection
shall not be considered final for purposes of judicial
review."
37 C.F.R. § 1.196(b) also provides that the appellants,
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
application will be remanded to the examiner. . . .
(2) Request that the application be reheard
under § 1.197(b) by the Board of Patent Appeals and
Interferences upon the same record. . . .
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