Ex parte SMITH et al. - Page 10




          Appeal No. 1997-2149                                                        
          Application No. 08/019,666                                                  


          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                       
               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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