Ex parte JOHNSON - Page 12

              Appeal No. 1997-2565                                                                                           
              Application 08/382,588                                                                                         

                      This opinion further contains new grounds of rejection pursuant to 37 CFR ' 1.196(b)                   
              (amended effective December 1, 1997, by final rule notice, 62 FR 53131, October 10,                            
              1997), which “shall not be considered final for purposes of judicial review.”  Rule 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  as to the rejection claim:                                   
                      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.                                     
                      Request that the application be reheard under  1.197(b) by the Board of Patent                        
              Appeals and Interferences upon the same record.                                                                

                      No time period for taking any subsequent action in connection with this appeal may                     
              be extended under 37 CFR  1.136(a).                                                                           
                                            REVERSED, 37 CFR  1.196(b)                                                      

                      See 37 CFR ' 1.197(c).8                                                                                                     

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