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
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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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