Appeal No. 97-1843
Application 08/092,574
Declaration filed Jul. 16, 1993, attached to Paper No. 31. However, the application file
cites that priority is claimed to Denmark patent application 8500310 filed Jan. 7, 1985.
Upon return of the application, the examiner should ensure that all appropriate PTO
records, including the application file, are updated to reflect the correct priority document.
TIME PERIOD OF RESPONSE
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
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